I was involved in an accident where the other driver was found (through insurance arbitration) to be 90% at fault. After his insurance company told me that they would not cover my Diminished value, I started the small claims court process.

I have a third party report from a reputable company that estimated Diminished Value @ $11,000. Because of the amount, I am just suing for the maximum in my state ($5,000). The one issue I have: I don't have exact proof of the 90/10 ruling. My insurance company (Geico) won't give me ANY documents about it "without a subpoena". I don't think I can subpoena anything for small claims in my state.

All I have is a check for 90% of my deductible from my insurance company. Could this be enough for the judge?

I don't think the other driver will lie about this, he is an honest older man, but I want to be prepared if this doesn't get settled out. Anyone have experience with this?