My car was tarred

I live in Ohio. We live in a rural area. We were driving down a country road going to our house.We saw in front of us some machinery coming towards us. They took up the entire road so we pulled off the road into a grassy ditch and stopped. The machinery continued coming at us and then passed us. The machinery was laying stone and then spraying a tar like substance over the stone. When they passed us we got back on the road and continued home. After we were home we saw tar was sprayed all over our car. We called the sheriff who came out and took a report. I decided to go through my insurance company to fix the car,as I did not want this tar to set up any longer then it needed to be. The car had the tar removed which cost about $800.00. I had to pay $500.00 which was my deductible to get the car back. I had a rental car while our car was being repaired. My insurance company determined the Asphalt Co. was 100% at fault. The insurance company said we were 100%at fault. They said they talked to the drivers and the drivers said they waved at us to turn around. Well I feel they were negligent to start with by not having any signs up or warnings of any kind. Also we were stopped in the grass and they could have stopped and gotten out of their trucks and told us to turn around before they went by and sprayed us. I reported this to the trustees of our township. At their counsel meeting their attorney told them that this was between the company and I. The village clerk said his daughter was behind us when we had turned and witnessed that their were no signs posted or warnings of any kind. My insurance company said this is going to arbitration and could take 90 days. Can I take the asphalt company to small claims court during this time? Do I just ask for my money back or do I try to get my insurance company money back? Can I include in the suit the filing fees and also get some sum of money for all time and frustration they have put me through by just not paying this due to their negligence? How much extra can I ask for?
Bruce

The Co. is not going to pay

I just got a call from the Village Clerk. He talked to the asphalt company,and they do not want to settle. How do I take them to small claims and can I get the filing fee back and some money for what they have put me through and how much?
Bruce

You answered your own question of what you need to do.

My insurance company said this is going to arbitration and could take 90 days.

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Let your insurance do what you pay them to do. It's not going to happen any faster, it would likely take more than 90 days if you decide to go off you your own. If you do decide to go off on your own, you can only sue for your actual losses, that would be your deductible and filing fees. Nothing else would be considered a loss. Plus your chances of winning will be significantly reduced.

Plus, your insurance company has a better chance of winning at arbitration then you do at small claims court. Sit back and think about something else for the next 90 days.

Thank you

Thanks for the replies.All I wanted was my money back,until anger took over. You are right I just need to sit back and relax.