I had an accident where I was waiting at a give way line and a car turned into the street, misjudged the space and drove into me, damaging both cars. Our cars ended up parallel to each other and I could not get out to take pictures as the door wouldn't open. The other driver took pictures and the moved his car. My car was damaged a little but I decided not to claim. He made a claim and since we had no pictures (he didn't submit his pictures to the insurance company as they clearly showed it was his fault) the insurance company insisted on 50/50. I agreed as I couldn't take the stress of all this. The other party now say they won't accept 50/50 as it wasn't their fault and will bring forward a witness.

At the accident there was no witness. My insurance company asked me if I was happy to go to court. How should I proceed?