Auto Insurance Claims: liability?, minor fender bender, traffic gridlock

Question
Hello there,

I got in a minor fender bender in downtown San Francisco between both Moscone Centers while a dental convention AND critical mass was going down.  As I'm sure you can imagine, there was bumper to bumper traffic, gridlock even.  To make a short story even shorter, I was changing lanes and the cars in front of me came to an abrupt halt so I couldn't finish the lane change safely because the car in front was too close.  I was completely stopped, already in the process of changing lanes and had the tip of my bumper (front passenger side) in the lane I was entering, with my turn signal on and all that.  All of a sudden the other driver blows by me in the lane I was entering and tries to maneuver between the portion of my car in the lane and cars on the other side.  Naturally there isn't enough room and he ends up scratching his car along the part of my car that was already in the lane.

Now heres the kicker.  The insurance company is saying that I was 100% at fault.  They're asserting that I was still moving and that if I hadn't been there would have been evidence to prove it (what?!).  Also, they're saying that the other drivers car should have had scratches all down the side of it (which it did!).  Now they expect me to prove that I was not at fault.  Luckily I snapped some camera phone pics of the other guys car but what the fuck. How am I supposed to prove that I wasn't moving when Mercury has clearly already determined my fault?  I explained that I was partially in the lane and couldn't safely continue the lane change and that the other driver tried to squeeze around me the way SF drivers do but I feel like my my adjuster is twisting my facts into strikes against me.  I don't know what do or how to prove my innocence. Please help.

Thanks in advance,
M.


Answer
Hi Margaret,
The situation that you were in happens a few thousand times per day here in the bay area.
Usually, the driver in the other lane is courteous to let you complete your land merger when the traffic starts to move.
It appears that you were dealing with a road hog who just wasn't willing to give up a few feet of his lane. Your big problem is Mercury Insurance, and I don't see a way around them.
They have determined that you are at fault (unjustly) and are going to pay the road hog 100% of his damages.  Their actions have kind of chopped your legs off at the knee.
You can't take him to small claims court, because he only needs to state that your company determined you at fault and paid him 100%.  Case Dismissed.
Unfortunately, I can see no way of you winning since they have already made a decision.
Hope this has been of help.  Please write again if I can be of more assistance.
Tour feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 12-14-07