Auto Insurance Claims: Follow up to answered question, what to do

Question
Hi,

I'd like to follow up to the question answered by Ms. Pytel, who is now on vacation. http://www.allexperts.com/user.cgi?m=6&catID=2055&expID=120102&qID=5001406

The insurance co will not take my side because I do not have any evidence. For example, I believe the other driver is lying about her speed and certain facts but there is no way to prove this in a he said/she said situation. But even if I had a police report I could not have proved the driver was speeding after the fact. Thus, they say that they have "nothing to stand on" to apportion liability. They also refuse to examine the vehicles, claiming that it will not help in a liability determination.

The driver did indeed have time to avoid my car but did not. The insurance co has repeatedly mischaracterized the sequence of events even though I keep telling them it is not how it happened. The only other witness was the passenger in my car.

I am quite frustrated with my ins co because it seems like if a more serious accident were to occur in the future, the ins co would behave in the exact same way.

Answer
Okay,

  Sorry for the delay, it is Halloween, and I have a "nearly 6" year old.  

I read the previous question and response by fellow expert Pytel.  I thought her answer was great.  

The ultimate question in any case is what a jury might decide, or alternatively, what a Judge might decide. Small claims do not get much attention because nobody thinks they are worth their time.  I happen to disagree.  I am a rare breed, so I think, because I know the tricks of small claims.  The problem you have is that you have nobody on your side that knows the same.  I think it unfortunate to have to answer this question with an answer I rarely give.

There is nothing you can do.  The claim is not worth a huge investigation, and unless somebody hires an attorney and starts a lawsuit, you are at the mercy of the insurance adjuster's decision, no matter how equitable it is.  

The alternative is to be saavy enough to utilize small claims court (especially in California).  Look me up, I have helped many before.  Search for the petty details of claims services and you'll find me.  I'll try to surprise you too.