2 weeks ago I was involved in a car wreck. I was exiting a business drive way that fed into a 3 lane (2turning left ,1 straight on) road way. The straight on lane was packed with traffic and a driver left an opening for me to cross into the turning lanes. The turning lanes were clear because the arrow was green. I assumed I wasn't going to make it so I was driving slowly past the stop traffic. Looking left the suicide lane witch was splitting into the two turning lanes was clear as far as I could see past the stopped traffic. As I drove further towards the turning lane a woman in a suv came speeding up the suicide lane to try to catch the green light and slammed on her brakes(slid for quite a distance) and slammed into the front quarter panel of my car leaving it undrivable. Through geico I had only liability insurance on my car ( foolish in retrospect) so my damages weren't taken care of. Her insurance companies refuses to cover any of my costs (aaa). I understand that by leaving the driveway and crossing the lane of traffic into those turning lanes I hold a percentage of the responsabilitie and cost. But I also think that because she was speeding down the middle lane to catch a green light she also has some of the responsibilitie to cover a percentage of my costs. The insurance companies are saying its 70% my fault 30%her fault. I wanted to know if I had any ground to stand on to persue this into small claims court for a percentage of my costs. I also have a witness who came up to me at the accident and said he saw the whole thing and felt that she was driving recklessly.
Thank you for your time
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1 Answer from Attorneys
You may have what can be called "Comparative Negligence". Both party's share fault. The percentage of fault to be determined through negotiation or by a jury.
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