Here’s the story…
We had a big snowfall and a friend got stuck in the ditch. I got there first to help (parked my car) but couldn’t get the car out so we called a tow. While the tow truck was hooking the car up, the truck began to roll (not slide) backwards and eventually into my car. There was no driver in the car, and multiple witnesses to the accident. The police were called, no tickets were issued.
I took my car to a repair shop (its a Subaru) where it was pronounced totaled. The damage 00 while the car is worth 50. This evidently is over the threshold for repair.
When contacted the tow truck company they refused to pay claiming they are not liable. I went to the police and they said it was out of their hands.
So finally my questions…
I am thinking I need to file for small claims court, but with a totaled car worth 5250 plus court fees, I am over the 00 dollar limit. I can’t afford a lawyer, but am over the 125% poverty requirement to apply for NC to provide me one… So where do I go from here?
Also, do I sue the company or the individual driver?

Any advice (professional or from personal experience) is greatly appreciated. Thanks
NC is a fault insurance state. Meaning my insurance will not cover the costs of the car because it was not my fault according to them. Since no tickets were issued and the driver/tow company claims they were not at fault their insurance refuses to pay.

I have been in a auto accident 2 yrs ago limited threshold
not my fault -rear ened driver recived ticket reckless driving
eversince that day I have tons of expenses lost my job becuase I couldn’t come in becuase I was injured and they let me go. I’m still going thru therapy now
and have lot’s of pain to the point that I had burning off the nurves in my neck 4nerves, injestions, accupuncture,pain meds,muscle relaxers etc. He has not helped me at all I wanted to get another lawyer he told me that he will make money on it too since he sued for me. I have dr bill for 3,000 since I had the accident and keep on sending it to him and nothing is done. He never calls me , never helps me even though my auto doesn’t wanna pay for anything a long time ago
my health ins pays some what and I spent me and my husbands life savings. I have tear in ligament in right side neck, hip pain,scolliosis,left lumbar deviation, that’s what I’m having therapy for now. Also seeing psycholg for a year. Now wha

I was in an auto accident, the police came but didn’t make a report because we both said we weren’t hurt and all she had was a small crack in the bumper. we are both insured but she didn’t want to go through insurance. I tapped her bumper from behind because she made a right turn and once I saw it was clear I made my right turn on a green light. As soon as I turned the corner she was stopped there and I couldn’t stop my car in time so I hit her bumper. The police said it was minor under 0 in damages on her 2000 mitsubishi gallant, her estiamte came to 8 plus rental car total of 6. My dad won’t let me claim with insurance he thinks we will lose our discounts. Should I have a lawyer review my claim relase form I’m sending to her to sign before I pay her? I got a claim release from off a legal form website…I’m worried this lady is shady, but we can’t afford increased premiums. I have Geico in CA, does anyone know there claim threshold for surcharges?
I was not driving fast for road conditions…Se slammed on her brakes and stopped for no apparent reason, I never drive fast and I don’t tailgate this was just an unfortunate accident