My question involves a traffic accident in the State of: California
Hello,
I'm hoping to get some third party review of my reasoning on this. My insurance company (who I genuinely love, but feel like they're being lazy on this one), found me 100% at fault - I'd argue that I should be either not at fault, or at worst, 50/50 or somewhere very near it. The other party stated at the time that he thought it may also be 50/50.
I was travelling N/B on a wide two-lane road (one lane each direction, bike lanes and shared left turn / "suicide" lane for most of the length), conditions clear/dry/normal. Approximately 400 feet south of the next signaled intersection, the suicide and N/B bike lane end at the north edge of a T-intersection to a small side street. At this point, there is one giant N/B lane, easily the width of 3 traffic lanes, however there are no lane markings on the N/B side; the only lane markings are the double-yellow line and S/B bike lane. There are a school and park to the left, with vehicles waiting to exit the driveways. As you approach the intersection, the "giant" lane bifurcates into an offset left-turn only lane with protected left turn arrow signal, a right-turn only, and straight-through lane.
After passing through the T-intersection, and observing the vehicles waiting to exit the driveways from the school and park, I waited to move to the left side of the "giant" lane, to coincide with the left-turn alignment. There were approximately 4 vehicles in front of me slowing for the fresh red light, so once I passed the last driveway I signaled, checked two mirrors and left shoulder, noted traffic stopping behind me and no one next to me, and began moving to the left.
I collided with a pizza delivery driver, who later stated that he was "already" in the left turn lane and I merged into him. He was obviously in a hurry, and based on the fact that I was able to stop immediately upon the collision, while he locked his brakes and skidded partially into the oncoming lane before being able to stop, was driving faster than safe for conditions, if not abjectly speeding. No skid marks were visible, however both parties agree the other vehicle screeched and slid to a stop. POI on my vehicle (SUV) began at the middle of the driver's door to the back of the driver's side rear passenger door while POI on the other vehicle was from the front fender to the front of the passenger-side front door. Both vehicles damage was minor (few dents and scratches), howver the ultimate repair bill for both was several thousand dollars.
My insurance company found me 100% at fault, based on duty of care when making a lane change. Here's where I Have a problem: the "duty of care" is created by CVC 21658 and 21658(a) (paraphrased: whenever a roadway has been divided into two or more clearly marked lanes for traffic in a single direction ... a vehicle shall be driven completely or as nearly as possible within a single lane and shall not be moved to another lane until safe). OK - as there are not "two or more clearly marked lanes," I agrue this doesn't apply. I further argue that the other vehicle violated CVC 21750, which (paraphrased) requires that the driver of a vehicle overtaking another traveling the same direction do so on the left "without interfering with the safe operation of the overtaken vehicle." Since it's a single lane at this point, I can't possibly have made a lane change as there was only one lane, and the other vehicle was by definition passing me, in violation of CVC21750. My insurance company stands by their determination based on the location of damage to both vehicles, and the fact that I was moving left while the other vehicle was going straight.
(Begin rant) So somebody can drive like an idiot, and just because they're going fast enough to be behind me as I check my mirrors but zip around me and be in my side in the second between the shoulder check and movement, means that I'm at fault? (end rant).
As a side-note, there was no police report as our local PD doesn't respond to non-injury accidents, and we didn't feel it necessary to go down and make a report as we didn't think the damages were as extensive as they ultimately were.
I'd appreciate any thoughts this community has as to whether this is worth the time, effort, and resources to contest, as I don't particularly care to have an at-fault accident for the impact on insurance premiums (no license point issues, etc.).
Thanks for your time!

