Auto Insurance Claims: Rear-Ended, insurance company, bam

Question
Shortly after an intersection with a green light, I was rear ended in the emergency pull off lane. After moving through intersection I braked and moved into the pull off lane to avoid the car in front of me who had stopped short. I was stopped for a full second (3 seconds of braking time in the pull off lane) when *bam*. She hit me at 40 mph. We both have the same insurance company and of course they want to say that I am partially at-fault. Please help, how do I help the insurance company understand that a vehicle 78 yards behind me when I introduce myself into the emergency pull off lane does not have right of way, especially when they are not braking in stopped traffic? Thanks very much.

Answer
Hi Law,

Unfortunately, unless you have independent witnessess it is your word against the other drivers word. It would seem to me though, that since you were hit in the rear that it would automatically be considered the other persons fault. The only way that I can see them trying to put any blame on you is if the other driver is stating tat they were traveling in the emergency pull off lane and you pulled out in front of them. However, even if that was the case, it is illegal to use the emergency pull off lane as a traveling lane to avert a traffic back up. So you would have had no expectation that a car would have been traveling in that lane at 40 MPH. I think that that is your argument and you should be adamant in your position that the other car was illegally traveling in that lane and that due to that and the fact that you were rearended, that the other driver should be 100% liable.

I hope this helps
Richard Hixenbauh