Auto Insurance Claims: geico dual claim accident, pedestrian walkway, left turn

Question

NorthToSideView I was involved in an auto accident with another driver that is also insured by geico.  I was going north on avenue A and turned left(west) on Street 1.  There is a stop sign on traffic going south on avenue A and I have the right of way.  I slowed down and made the left turn onto street 1.   However, on street 1 there was a car standing in the corner facing west.  His car was on park and did not have the brake lights on.  He was standing in the corner just behind the pedestrian walkway.   After I made the left turn onto Street 1 my car was on the left lane going west and his car was on the right lane facing west.  The other driver attempted to go south onto Avenue A by making a left turn while he was in the corner.  I attempted to avoid the other driver from hitting my car however I did not have time to hit the horn, all I was able to do was try to speed up but he still hit me behind the wheel on the right passenger side.  His car has damage on in his front bumper, on the left corner in the driver side.  I made a claim with geico and they claimed I was negligent and was blamed 15% for the accident.  When the other driver hit me I asked him what he was doing and he said "I was making a left turn."  The other driver's claim to geico changed completely.  He claimed we were both going the same direction, he was parked, and that I turned in front of him and I hit him.  The police report says I made a left turn and the driver hit me while making a left turn.  The other driver told the police he was going south and he hit me while I made the left turn.  The police report stated the cars were in the middle of the intersection.  From pictures I took from the accident you can see that my car is in the middle of the pedestrian walkway going west and it's straight.  The other driver's car is at an angle going south.  I am wondering why I am at fault in this accident???  Can I sue somebody?  Geico claims I am liable for 15% and their decision is final.  The other driver lied to both geico and the police and I have proof.  How can I go about my case?  I want 0% liability.  This accident occurred in the state of New York.  Geico also told me the police report has little influence when deciding who is at fault  and that the police report is not admissible in court because the police did not witness the accident.  Is all of this true??

Answer
Hi Manuel,

Unfortunately, in this case I think you will have to accept their decision. It is true that the police report is not evidence and can not be used in court. Geico is placeing a small amount of the liability on you so that they can raise the rates of both drives. Unfortunately, it seems like a correct decision based on the facts. Your photo is too dark to tell anything so it does not help your case. You should not sue anyone because it would be a waste of your time and money. The insurance company does get to make the decisions as to who is at fault and there is just not enough evidence to prove them wrong.

I hope this helps
Richard Hixenbaugh