Mr

[Bruce Johnson]

What is the name of your state?Minnesota
Auto accident in a parking lot. I was pulling out from an isle row onto a permeter road making a left turn. I was hit just behind the front wheel on the right side of my vehicle by a vehichle coming from my right. The other driver first said she didn't see me then said she did. She failed to hit the brakes in either case when she was coming straight at me from the right. The insurance company says I am 70% at fault.

My point is this: She had the last clear chance to hit the brakes to avoid the accident. If she would have hit the brakes and hit me I would concede with the finding of the insurance company. But since she did not hit the brakes to avoid the accident, if she did not see me, then I believe it is inattentive driving on her part. If she did see me and plowed into me and didn't hit the brakes to avoid the accident then I believe she is at fault for not taking the last clear chance to avoid the accident.

What do you think? Should I ask for arbitration to plead my case?

 

[Happy Trails]

What is the name of your state?Minnesota
Auto accident in a parking lot. I was pulling out from an isle row onto a permeter road making a left turn. I was hit just behind the front wheel on the right side of my vehicle. The other driver first said she didn't see me then said she did but failed to hit the brakes in either case when she was coming straight at me. The insurance company says I am 70% at fault.

My point is this: She had the last clear chance to hit the brakes to avoid the accident. If she would have hit the brakes and hit me I would concede with the finding of the insurance company. But since she did not hit the brakes to avoid the accident, if she did not see me, then I believe it is inattentive driving on her part. If she did see me and plowed into me and didn't hit the brakes to avoid the accident then I believe she is at fault for not taking the last clear chance to avoid the accident.

What do you think? Should I ask for arbitration to plead my case?

From your description, I would agree with the percentages that the insurance company has come up with. It's your responsibility to make sure that nothing is coming or if there is that you have ample time to get into the flow of traffic.