My question involves a traffic accident in the State of: Illinois
I was involved in an accident in which my car was rear-ended by another. There was a green light and I was trying to get into the left-turn lane (from the lane next to it) and I had on my turn signal and brake lights (because I had slowed to a stop - my fault - I was ticketed for this). The driver behind me didn't see my brake lights or signal and ended up rear-ending my car.
However, I was shocked to hear that the driver who hit me was not ticketed. There was $11,000 worth of damage done to my car (even the policeman said that it was "a pretty good whack" when he looked at my car), so the driver didn't just bump into me. I looked online at the moving violations that result in a ticket and, sadly, there is no violation for failing to yield to brake lights on surrounding traffic (even when there is a green light).
I'm wondering if, based on the damage done to my car (the auto-body shop took pictures of the damage), they could determine that this other driver was at fault for either speeding or following too closely. I think it's also interesting that the car behind the other driver was able to stop without colliding.
Right now, the other driver's insurance company is trying to claim that I was 90-100% at fault. My insurance told me that this is going to arbitration because they refuse to accept that much fault when the vehicle insured by them was rear-ended. I really don't want to be considered completely at fault because I don't want to be dropped by my insurance company.
I know that my claims adjustor is working on this, but I'm just trying to get some opinions, so that I can give some helpful suggestions.
Thanks!

