Traffic Accident with No Insurance but Not at Fault

[wrobs818]

My question involves an injury that occurred in the state of: California

I was involved in a traffic collision but the other driver was at fault. Unfortunately my insurance had lapsed so I was without coverage at the time of the accident. I called the police but they wouldn't take a report because there were no injuries. The other driver was clearly at fault for the accident so I filed a claim with his insurance. The other drivers insurance company is only willing to pay 50% of the damages and medical treatment costs because they say I was partially at fault. The accident occurred while I was turning right into a driveway at a supermarket and the turning lane was marked as a bike lane. The other driver was turning left into the same driveway and didn't see me. My daughter was driving her car right behind me so she witnessed the accident as well. I want to know two things: Can they make me partially at fault for the accident because the turning lane was marked as a bike lane? If not, what can I do about them only willing to pay 50% of the damages?

[jk]

Can they make me partially at fault for the accident because the turning lane was marked as a bike lane?

they can't make you at fault for anything. They can assign some share of fault for their purposes but that is not binding on you, ir anybody actually.

If not, what can I do about them only willing to pay 50% of the damages?

Sue the other driver but be warned, you will be facing a lawyer provided by the insurance company to their client.