[husker boxster]

I would sue only after pursuing the issue with the IC and BBB and come up empty. In Neb, winning a small claims case doesn't mean the loser is going to pay. There isn't any teeth in the system to make the loser pay. Not much use in spending a fortune on a high powered lawyer, winning the case and then getting nothing but a worthless judgement in your favor. State Farm would probably want to keep their reputation up so they would likely pay, but be aware of the pitfalls of the system before you take this route. This would be a good question to ask your lawyer (how are losers forced to pay?) during your initial consulation. You know the lawyer will want his fee if he's representing you in the case, so you'll initially be out more than the $3300 before you collect anything from SF. RM makes a good point - if you do end up pursuing them through the courts, SF may just pay off as the cheaper option. But don't bet the farm on that strategy - assume you'll have to go the distance and be prepared to do so. But only as a last resort. Try the less expense options first.