Auto Insurance Claims: Bike/auto collision, liability argument


Question
My son was in a bicycle lane traveling against traffic flow. An auto hit him when the driver was making a right turn into the driveway towards the apartment parking lot. CA drivers handbook states driver has to merge into bike lane prior to making the turn. Their insurance will not settle because they say that the biker was going the wrong way. Irrespective of the movement within the bike lane (the safe zone), the driver should be  liable for safe entry into the bike lane!

Answer
You are right, but you may have to file a suit to prove it.  Sometimes adjusters think they are smarter than they really are.  By their logic, if a vehicle is parked in the handicap parking space illegally, it is okay to ram into the vehicle.  I don't think so.  Their argument won't hold up in court.  There may be a little bit of negligence for going the wrong way, and the only way I could see it being the reason for the accident is if going the wrong way somehow impedes the view of the other driver where it would be unreasonable to say the vehicle was not keeping a proper lookout.  It seems to me the vehicle was simply not keeping a proper lookout.

JP