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Geico / auto insurance

United States

On November 2, 2016, I was hit by an Geico driver a police report was generated and I believe he even recive a ticket. After all information was submitted Geico came back with the decision to say the I was 15% responsible for the accident. According to the police report it was 100% his fault and now Gieco is trying to tell me its 15% my fault due to not enough evasive action honking my horn is not good enough. Long story short there was a major accident on the freeway which caused more bumper to bumper traffic then usually in the morning. I was on the feeder road just merged into my lane and the guy behind me took it upon himself to leave from behind me and drive inside the emergency lane "he had no emergency lights on" to attempt to go around me and ended up hitting the front driver side of my vehicle. So geico tells me Im still 15% responsible due to the fact when I saw him coming into my lane I should have swerved and hit the curb or smashed on my breaks honking my horn was just not good enough. I told them it was bumper to bumper traffic at 7am in Houston with a major accident causing even worse traffic I wasnt even driving more than 5mph the car in front of me had just started moving up when I attempted to move forward.I honestly thought he was going to continue driving as far as he could in the emergency lane, he was traveling at speed much faster than anybody else in my lane so when the traffic in my lane started moving he attemted to jump in front of me but he didn't have a clear enough distance between him and I to do so. So how would me smashing my breaks at 5mph in bumper to bumper traffic made a difference. I honked my horn because their driver attempted to cut me off from the emergency lane. He stated to the officer that "He went around me because I was merging to slow in the merge lane."

Tp
Jan 19, 2017

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