Ok on Jan 7th I was involved in an accident while traveling south through town at the posted speed limit of 45mph. It was a clear day with dry road conditions. The accident occured at 4:59 pm so it was also still daylight. The accident report claimed I had no contributing factor in the accident and that the other driver, who came from the median trying to get into a parking lot on the other side of 2 lanes of traffic and a turning lane had failed to yield to the right of way. It also stated that his view was blocked by a car in the turning lane. he crossed 25-50 ft in front of me and as soon as I saw him i hit the breaks and slid into the right rear of his truck. In the impact his bumper went up into my engine compartment and done damage to his bumper.
I only had liabilility coverage on my car so, I filed a claim with his insurance carrier and the same day recieved a phone call telling me the claim was being denied due to the damage to his bumper indicated I could have turned at the last moment. ( the crash 2 about 2 seconds from hitting the breaks to hitting his truck.) And that showed contributory negligence on my part.
So when I recieved the denial letter it states i was 80% at fault in the accident and that this barred me from collecting for my damages. I have called asking to talk to the adjusters supervisor and had to leave a message on his voicemail. Still no call back..
I have not been able to even get a lawyer to talk to me about it as there were no injuries. His insurer's investigator completely disreguarded the police report and made a statement that due to both drivers (innatentiveness in backing) not sure where this came from or what it means since we were both going forward.
My question is this. What is my possible recourse with this situation?