Auto Insurance Claims: am i liable, pulloff, signal light

Question
i was makeing a left hand turn in to a pulloff, and  i had my signal light on, and there were two cars coming from the opposite direction, so i was waiting, when i heard breaks screeching and looked in the mirror an saw a car coming at me so right away i hit the gas to try to get out of the way, because i had my two year old in the car, the woman ended up hitting me, she wedged between my car and the guard rail, causing damage to my right side and also severly damaging my right rear tire. my car was totaled.
because i had no collision my insurance company cannot help me. the other insurance company is saying im also at fault, because the damages were not directally to the rear of my car, can i be at fault, ang do i have to accecpt it if they say i am, what else can i do???

                        thank you,
                              ramona
the other insurance company

Answer
Hi Ramona,

I'm sorry you're in this situation.

You need to continue to reject there offer of split liability. You need to tell them that the only reason it was not a direct rear hit is because you saw the other person comming and hit the gas and swerved to the left to try to get out of the way. That had you not done so it would have been a direct hit that may have broken your back. Would they rather have been paying for that or paying for only your car since you were at least trying to avoid the accident.

You need to be tough. If necessary demand to speak to a supervisor or manager. Unfortunately, in the end you may need to either compromise to accept some percentage of the blame or you will have to file a law suit against the at-fault driver. Once a judge decides who is at fault, that will be that.

I hope this helps
Richard Hixenbaugh