Flynrider
Phoenix,#2Consumer Comment
Thu, May 03, 2012
" I am certainly am going to get an excellent attorney. "
If the fault is as obvious as you imply, why not just file a small claims suit against the other driver (who is actually responsible for the damage). California allows for suits up to $10K and the filing fee is only $75.
Most of the time, when an insurer really knows that their policyholder is at fault, they'll settle the claim as soon as the suit is filed. Otherwise, they would be required to defend their policyholder in court and explain to a judge why he/she is not responsible for the damage. Basically, by filing you are calling their bluff.
Good luck.