Auto Insurance Claims: Negotiating fault, oncoming traffic lane, claims supervisor


Question
I was in an accident about 10 days ago.  I was turning left into the entrance of a store and the driver behind me decided to try to pass me on the left in the oncoming traffic lane.  I had come to a complete stop, I had my blinker on, I looked in front of me to make sure there was no oncoming traffic and to the left to make sure no one was coming out of the store entrance.  I then turned left and collided with the other car.  The front of my bumper (driver side) hit the passenger side of his car.  We both have the same insurance company.  The other driver's adjuster and my adjuster negotiated fault at 85% him and 15%.  The other driver's adjuster claims that based on the impact I could have avoided the accident.  I think that is completely absurd but I wanted to get the thoughts of an unbiased expert.

Answer
Hi Matt,

If the other car tried to go arround you on the left side and had to go into the on comming traffic lane do do so, he is 100% at fault. You had no reason to expect that he would do so and therefore there can be no burden on you to look for traffic to come from behind you on the left side.

You should argue that he was the sole cause of the accident. That he illegally tried to pass you on the left by moving into the on comming traffic lane to do so. That you were stopped with your left signal on. There was nothing you could have done to avoid the accident. The other adjuster should accept 100% liability. If they do not, you should ask to speak to a claims supervisor to argue the point. Keep moving up the chain of command until you get the result you want.

I hope this helps
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Richard Hixenbaugh