It sounds like you were travelling at an unsafe speed passing in the turning lane. While the person who entered the lane has some responsibility for yielding as well, you share a good deal of responsibility. Let your insurer handle it.
It sounds like you were travelling at an unsafe speed passing in the turning lane. While the person who entered the lane has some responsibility for yielding as well, you share a good deal of responsibility. Let your insurer handle it.
Does the fact that I received a citation hurt my case?
Negligence and traffic violations are two different things. Sometimes they relate and sometimes they don't.
In this case they do.
I agree that the other driver bears some fault but not all.
A court of law is the final arbiter on the percentage of fault. However, these kinds of things rarely get to court so it's up to the insurance companies to decide.
Each company is free to deny the other driver's claim and find their own insured not at fault. Each company is free to find its own insured at fault and get the surcharge for three years. Or anything in between. You'll just have to wait and see how it plays out.
Bottom line: You had no business using the center turn lane as a passing lane so whatever consequences befall you are appropriate.