front side passenger fender bender

I was moving forward when this person backing out and hit me on the front side fender.The insurance claim that is was partially my fault and willing to pay 85% of the liability only.She also bring out cvc 22350 and said i’m part of negligence driving.i look up the cvc code and find that it didn’t say anything about it.So i’m asking for advise before i take this person to small claim.Thanks

Legal advice is best suited to IMHO.

Colibri
General Questions Moderator

Get a lawyer.

Did you get a ticket? IANA lawyer or insurance specialist, but CVC 22350 is a traffic offense, and unless you are ticketed for it and convicted then it didn’t happen.

Insurance companies don’t make money paying out claims. Their first response to any claim is ‘No’. Check out your state insurance regulations then contact them again. If they don’t pay out the full you can sue the person who hit you in small claims or continue to take action against the insurance company. Depending on state law you may be able multiply the amount paid from the insurance company if their denial of the claim is frivolous. Since your insurance rates are likely to rise as a result of making a claim, you should get everything you are due.

As TriPolar mentioned, your first move is to not accept the insurance company’s offer, insist on full payment, and see how they respond. If you’re still not satisfied:

CVC22350 = driving too fast for conditions. So, you think she backed out unsafely, and she countered that you were speeding. Is it possible she has a point, or are you sure you could win that argument?

If you decide to fight it, is the extra 15% even going to cover the cost of a lawyer?

Thank you everyone for responding to my message.I get alot of idea from you guys thanks again