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Being sued, will car insurance company help and what are my options?

I was t-boned by the other party on my passenger side rear tire area. The accident occurred when I had cleared almost the entire intersection and when they t-boned me in the side-rear, it caused me to spin out. My insurance stated they believe the other party is at fault, their insurance adjuster stated they believe I am at fault. I had thought this was the end of ordeal, but now I'm served with a smalls claim subpeona with the other party claiming $1,500 for medical expenses and $3,500 for "general expenses." It seems like they're trying to fork money out of me by filing for the legal $5,000 max as I cannot see what kind of general expenses can occur past the car damages. Shouldn't the insurance companies have paid for the car damanges amongst themselves? Will my insurance company help me prepare my case / represent me? Will they pay legal fees? What if I lose, will the insurance company reimburse me for what I will owe to the other party? Should I sue the other party? Are you guys sure they will appoint an attorney for small claims court? Also, I'm not sure if there was a police report filed at the scene (police came, but did not cite either party and left after a few minutes of making sure everyone was ok) .. If it was in fact filed (I will find out Monday), does it usually state whether any one party is at fault or does it simply state what happened? UPDATE: I don't think the insurance company is allowed to represent me. The SC-100 form that was sent to me states on Page 4 that an attorney may not represent me. (PDF -- http://www.courtinfo.ca.gov/forms/documents/sc100.pdf)

Public Comments

1. Depending on your insurance company, they may or may not be helpful. Personally, I don't often find insurance companies to be generous with their time or money, but setting up an appointment to speak with one of their representatives is probably the only way to find out for sure. I highly doubt they will reimburse you if you lose the law suit, but if what you say here is the truth, then it sounds like they don't have much of a case. You should definitely get written proof of your insurance company's decision that they were at fault to use as evidence in your favour, and perhaps get an affidavit from the claims investigator who handled your case. Counter-suing may make you appear less sympathetic to the judge, but if you can get a good lawyer than maybe you can teach them a lesson for putting you through this grief. Some lawyers pay on contingency (so you are only charged if you win your case). It might be worth looking into.
2. Contact your insurance company immediately. They will hire an attorney to defend you -- even in small claims court. It is in your insurance policy that they will hire the attorney. However, the attorney has a limited amount of time to get the answer on file- even with small claims court. So call your company first thing Monday. The company will need the original suit papers. You can fax or email to get the process started. They will need to know when and how (process server, certified mail) you got served. Now - if you try to handle it yourself and lose - the insurance company may not pay the judgment. Your policy also says that you will contact them in a timely manner regarding all legal paperwork. Waiting until you have lost the case does not meet this requirement and is grounds for them to disavow coverage. So call them right away!
3. If you already have a claim filed, which it sounds like you do, then forward the court papers to your claim adjuster. You are protected under your liability coverage and if they sue you, they sue your insurance. Most insurance companies have salaried lawyers on staff that will respond to the filing.
4. Your insurance policy provides you with a defense if you are sued. Get this complaint over to your insurance company ASAP so they can file an answer on your behalf. If the attorney assigned to defend you feels as though the matter was filed in the wrong court, he/she may file a motion to move the matter to a higher court. All fees and costs are paid by your insurance company. If the judgment is against you, your liability coverage will pay for the damages. Edit - I did some research on-line. In CA, no attorneys are allowed to attend small claims court. However, your policy should still have the Duty to Defend provision. Contact your insurance company, and find out if defense counsel will prepare your defense, and explain what to expect in small claims. This is one funky law! I am sure the plaintiff's bar is behind it some how.
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