Background:
My kid’s car was parked and was damaged during a hit and run. The police caught the guy but now his insurance company is really low balling a settlement. Their repair estimate was $4500. Mine from another shop was $3500 (which they don’t know about yet)

They’re offering $2300 to “total it out”. They said they started at $5100 and then subtracted the repair cost for everything they saw prior to the damage (totally $2800 in previous damage).

My guy who estimated $3500 says its worth is about $5800.
Kelly Blue Book is $4000 for Fair and $6600 for Excellent.

Given the prior damage (hail damage, delaminating clear coat, etc) the body was indeed in rough shape but mechanically the car’s in excellent condition despite 130,000 miles. So I concede a Fair condition, but not $2300. It’s as if they started with number that was already low. . .  accounting for 10 years of use and then subtracted the damages AGAIN.

So clearly, I need to present my case, like they don’t already know the real numbers. I sense they aren’t going to budge, but of course that’s their job.

My state’s small claims limit is $5000. I know I have to sue the driver not the insurance company.

Questions:
How likely are they to pony up before filing? Or pony up afterwards, assuming I get a judgment of $4000 to $5000? How easy is for them to get small claims bumped up to Superior Court where they could theoretically drown me?