Auto Insurance Claims: Auto Insurance - Not At Fault, rush hour traffic, witness statements


Question
Hello. Here is the situation - the other day I was making a left into my gym parking lot. It was during rush hour traffic around 6:30 on a Monday evening. Both lanes of traffic had stopped so I could make my left turn into the parking lot. A mini-van came around the far right shoulder of the right lane and our cars collided. I had a witness and my insurance found her at fault for the accident. Her insurance has denied liability and it will go to arbitration - what are the next steps? Do you think I will win this case even though I was making a left hand turn but she was not driving in an illegal lane? What are your thoughts.  

Answer
Hi Natalie,

Generally, when you are making a left turn across traffic it will be considered your fault. Due to the fact that the other car tried to illegally bypass traffic on the right shoulder, you will likely receive a split liability decision.  This would mean that each of you would be assigned a portion of the liability for the collision. It will be up to the arbitrators to decide how much liability will be assigned to each of you based on the details and any witness statements.

I hope this helps
Richard Hixenbaugh