Do I have to take an at-fault motorist to court to get her insurance company adjuster to change his liability determination?

Yes. Once an adjuster has made his or her determination concerning liability, he or she is usually unwilling to reconsider that decision, until such time that suit is filed and the depositions of the parties and witnesses proceed. A couple of exceptions to this general rule may occur when a new adjuster is assigned to the file or when a new witness emerges. If litigation ensues, after the above mentioned depositions have proceeded, an adjuster may take a second look at the case and decide whether his or her original determination should be changed.