Yes, they can take you to small claims court. But if she's being paid for all of the damages by the two insurance companies, she won't have any damages to sue you for. If she's still having to pay all or some of her deductible, then she can sue you for that. She may not win, but she can still sue you and try to win.
Most medical malpractice attorneys take cases on contingency. You can use the Avvo Find a Lawyer tool to look for some or do a Google search for medical malpractice attorneys in your area. You might look for them also in nearby larger cities as well. Good luck.
You could hire an attorney to send the homeowner a letter by certified mail asking them for their homeowners insurance information. If phrased correctly, such a letter that they have to sign for, which indicates that the information needs to be provided within 10 days of the letter, will in many cases do the trick.
Just turn this over to your insurance company. They should handle it, though they will undoubtedly want to take a recorded statement from you. If that concerns you, you should hire an attorney in your area who handles insurance law. Good luck.
You should be concerned with getting treatment for your injuries, not with trying to negotiate and indicating to an insurance company you will be trying to represent yourself and that you're more interested in a quick settlement than getting treated for your injuries. Find yourself an experienced personal injury lawyer near you.
If you haven't been served, this may be a scam. If you have been served, call your agent and learn where they want you to mail a copy of the lawsuit. Since you're being sued on a car you never insured though, you may need to hire an attorney to defend you.
You don't sue the insurance company, in the event you have to sue, you name the other driver in your lawsuit. You don't want to be hiring expensive experts who would cost more than your car damage. Go to small claims court.
Don't forget, anyone can sue anyone in America. That doesn't mean they'll win, but they can cause you to need to hire an attorney to defend a lawsuit for defamation and that can cost you tens of thousands of dollars. My advice would be to take the post down. It's not worth the cost or the risk that they'll sue you.
You can also do a google search for "personal injury lawyer irvine" or "car accident attorney newport beach" or substitute the city with another city that you want like Corona del Mar, or Costa Mesa (whatever's convenient to you) and read the websites of the attorneys that come up to make a preliminary evaluation of attorneys. You might also try HG.org for a personal injury lawyer in your area or try the Avvo.com find a lawyer tool and then see who comes up highly rated. Good luck.
We've seen insurance company adjusters contact our clients on a number of occasions, even after the insurance company has received a letter of representation that tells the insurance company to direct all communications to our office. Generally, the insurance company claims it was a mistake, apologizes and there is no harm done as our clients have been instructed not to discuss the accident with anyone but our office. If the insurance company that called the client was the plaintiff's...