Auto Insurance Claims: other drive pulled from stopped lane into middle lane, car lengths, front bumper


Question
I switched from the Far right lane into the middle lane and proceeded north about 100 feet.  A car from the #1 lane (they could turn left or go straight), approximately 3-4 car lengths from the intersection pulled out of that stopped lane into the middle lane and into my car.  The other insurance company is saying it's 50/50 b/c we were parallel (though all the damage to my vehicle starts in the middle of the driver's side. The damage to the other car, all on the passengers side front bumper) and both changed lanes.  Is it possible to get at least 75% ?  I was firmly in the lane and her move seems like a very unsafe one, which is ultimately the law.

Answer
Hi Stella,

This not a matter of law, but instead whos story is more believable.

If you were already in the middle lane, than the accident is 100% the other persons fault. The problem is how to prove that.  Under the circumstances I think 50/50 is about the best you can hope for.

I hope this helps
Richard Hixenbaugh