Auto Insurance Claims: Auto Accident Claims, small claims court, bike lane


Question
I was driving on a regular road with a bike lane and 1 lane going in each direction.  I crossed over the bike lane to get into the unmarked curb lane in anticipation of an immediate right hand turn when someone cut through my lane of traffic and hit me.  His insurance adjuster claims it was my fault just because I passed over the bike lane.  I have laws on paper that states otherwise.  Do you have an answer/opinion?

Answer
Hi Andrew,

I do not know if you are in a no fault state, all those issues are way too much to keep up with. It sounds interesting that a mere adjuster makes such a determination, but remember, they will not accept blame if they don't have to.

If you have insurance, call your company and explain your side. It's their job to defend you.
Were any citations issued?

Where you may have a problem will be if you don't have insurance. However, if you can site statutes or case law, to recover your damages if you can prove you were not at fault, you can try small claims court.