Auto Insurance Claims: liability, 4x4 toyota, coefficient of friction

Question
Dear Mr Ferraro
I am a computer engineering student I don't have awesome coverage just liability I was in fact taking an auto body class on the side this year refinishing the last touches on my 1973 mgb-gt. at which point I was going to have it insured for and agreed upon value  unfortunately I didn't not make it that far.

here is my predicament I was traveling north bound on a 2 lane road when all of a sudden through the haze of an on coming cars head lights, I see the side marker and headlight( from the side) of a vehicle cross the double yellow in front of me. it was a 4x4 Toyota turning left from the left side of the road.he was attempting to enter my lane going north. I couldn't stop  I slid an average of 60 feet. in to his rear bumper. while he did get all the way in to my lane he didn't get quite straight with the road way. as the damage to the passenger side of my vehicle was much more severe. then the drivers side. the driver claimed I was speeding or I wouldn't have hit him stating that the speed limit was 40 mph.  I stated the speed limit was 55 miles an hour and that i was not speeding. according to the skid my minimum speed was between 36 and 39 miles per hour. along with my statement I sent in Proof of the speed zones and damages to my car as well as photos of the scene.  they sat on the case for 3 weeks claiming they couldn't get a hold of their driver and that he probably wasn't covered. then last Friday they stated that indeed he was covered but that I was at fault for speeding in a 40 mph zone...  I spoke to the local CHP officer who told me "if the speed limit was 40 mph and i was speeding the fault would not lie solely on my shoulders."  in fact the other driver would retain most the fault for poorly judging the speed of oncoming traffic. and violating right of way. what do i do now??? I have already sent proof of where the signs are and even using the highest possible coefficient of friction attainable by dry asphalt my minimum speed still supports my story. its like they aren't even looking at the evidence I have sent them. aren't they required to review all data sent to them as a part of my claim...?  should i retain a lawyer and sue GMAC just so they will pay attention ? the frustration from this ordeal is tempting me to change my degree to law.

Answer
Phen,

Unfortunately, the insurance company probably feels that they can deny your claim based upon THEIR view of the facts.  Even though any reasonable observer would probably side with you.  They are under no obligation to agree with you even if you feel they are at fault.

This is a perfect example of the old insurance company tactic: delay, deny and defend.  They get to keep the money for as long as possible (earning interest in their account) and they hope that only a small percentage of people will ever challenge their presumed power.

You might try to gather all the evidence and write a persuasive letter which you then send certified mail with a copy to the state insurance board. But, I'm afraid your only really effective strategy is to sue them and use the evidence you gathered to prove you are not completely responsible for the accident.

I'm impressed with the evidence you gathered by yourself.  Nice job.

Good luck either way, Ernest Ferraro.