Trying To Get The Guy Who Crashed Into Me To Talk To His Insurance

I didn't have collision and filled a claim with his insurance.

Despite the police report stating he was at fault, his insurance put me at 50% liable, for half payment. Total loss, they still have my car in the yard. My only guess is they are playing games, or they just don't like that they never got a statement from their insured.

So I want to take him to small claims court. I guess so he will pay, but it will be up to him.

Anything I should consider here before starting this process.

Ps Either way I'm a little nervous because I actively use my CDL I don't want to accept the slightest liability for that reason especially, wreck was he tboned me going 40 while I was at a standstill, clear cut fault for him, witness on the police report, thank you