other party not following thru with her own insurance company

[raine]

My husband was backing out and saw a SUV doing the same, he had time enough to just stop, the SUV hit his truck. He has $1,500 in damage, she has a slight dent. Our insurance company is making it 40% our fault, 60% the other party...now the question is this...the other side is not cooperating with her own insurance company (wont return calls, bring in her car for pixs etc.) and now it seems as if her own insurance company may drop her, will the uninsured motorist coverage come into action for us to collect on or will we just have to take her to small claims court to try and get the money to fix our own car? Further compliactions... it seems she is seperated from her husband and the insurance is actually under her husband's name. If we take this to small claims court, do we go after her or the husband?????

 

[presutin]

You will have to go after the insured party in small claims court.