The insurance company's attorney called me 1 week before the case and told me he had th authority to settle. He had little knowledge of the incident, so I explained the case and told him I'd email him the photos of what a typical paddock looks like, and what mine looked like. After hearing my story, he said he'd go back to the insurance company and seek more money for negotiations. He told me he had the authority to settle 50/50, but he didn't really think it was fair to me, especially since I was strictly seeking actual replacement costs.
I emailed the photos last night, plus proof he had run with us at a prior event. I also included a photo of his son's spot in the paddock area.
I got a call before lunch today (less than 24 hours later) and he asked if I'd settle for the full amount of $957.38 that I was suing for. "Well of course," I said. So in the end, the court case was averted, I got everything I wanted (less court costs), I don't have to miss work nor drive 120 miles round-trip, nor risk a verdict that assigned a portion of the blame to me.
