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State Farm has plundered my Farm
by Marie Vinson
Who has the right of away? Motorist 1 is in the right lane making a right turn, signals on and is into the driveway of a Taco Shop, or Driver 2 who enters the right portion of the bike lane about 94 feet and making a right turn at the very next intersection? which is after the driveway?
On 4/30 my son was going West on Genesee Ave. He put on his signal and was about to make a right turn into a Taco shop. The other party stated that she entered the road where the lines were broken. Rules of the road my son entered accordingly to VC21209(2)as he was making his turn he was broadsided, damages to the right passenger door.
My insurance company, State Farm faulted my son stating that he made an improper right (vc 21000) turn and that the other party was in the right according to vc 21209-3.
They stated that she had every right to be in the bike lane up to 200 feet. She states that she saw him in front of her, but thought that he was going straight. There were no police reports, no witnesses and yet State Farm accepted her statement as fact so this is how a loyal 10 years customer is treated, unbelievable.
What is the CA statue for this? and How do I arbitrate successfully and win against State Farm?
Answer to State Farm has plundered my Farm
We are not sure about this one. It does not look like a 100% at fault situation. Is there an injury to the bike driver? The injury may have something to with the liability situation. There maybe liability to both vehicles.
Did either vehicle see each other? (I know you talked about what she said, but did he see her?). His insurance company must believe / advocate for your him. State Farm must make a determination based on the available information. It appears that in many respects, this is a word v. word situation, so maybe State Farm is trying to provide coverage and protect a claim for an injury (bike v. vehicle accident can give a little boost to the biker).
Talk to state farm and if this does not work, contact the department of insurance of your state.
Also talk to an attorney.
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