Auto Insurance Claims: accident,50% my fault sdip surcharge appeal, speed limit sign, dry pavement

Question
Dear Richard, I was involved in a auto accident driving out of my driveway one year ago. My surcharge appeal is coming soon. Description: I live at the peak of my street at the top of the hill(which is steep).My driveway is 100 ft from the top of the hill.I looked to see if any cars were coming, but can only see to top of hill.My car was parked paralell with the road in my driveway. I pulled out into the street perpendicular with the intent of backing straight back into my driveway to change direction.I was 100 % in the road and not halfway in my driveway.Another vehicle came speeding over th hill. The other did hit the brakes but could not stop in time.The front of other drivers car hit directly on my right front tire($6,000 in damage, airbags deployed as well). Now there is no speed limit sign on the street(street is about 1/4 mile long).But there is a "slow children" sign and a "hidden driveway" sign.As it is a densely populated area, speed limit is max  30mph.Now I have every right to pull out of my driveway when it is safe to do so. But can't see if other drivers are speeding or not paying attention when driving over the hill. I had no time to put car in reverse and back up. It was 2 seconds from the time i saw the other driver until he hit me.The officer did not cite the other driver.But the other driver did state that he couldn't stop because he "almost got air." It is possible to beat this surcharge. I have found the stopping distances for the other vehicle on dry pavement(which it was).Now if he was going 30 mph, he would've been able to stop. But with a hidden driveway sign and a slow children sign, he should have been going even slower.Is there any chance I can beat this surcharge?

Answer
Hi Chuck,

It is not possible for me to answer this question. The decision to surcharge is solely up to the insurance company. It would seem to me that unless you can prove the other person was in fact speeding and get their insurance comapny to accept liability, the surcharge will stand. Even if if you are able to place partial blame on the other driver that would mean part of the blame would be on you and again the surcharge would stand. But perhaps if you present your case well, you may convince them to remove the surcharge. Good luck.

I hope this helps
Richard Hixenbaugh