Single Lane Or Undivided Two Lane With A Right Turn
I have a situation where I was traveling in a lane the size of which two vehicles could comfortably fit side by side and the lane is paved to curbed (no shoulders). I was to the right side of the lane and the second vehicle (a commercial carrier) came up on the left and attempted to pass. I began to give way but at the point where are vehicles were parrallel (nose-to-nose) the other driver attempted to turn right into a driveway without indicating and plowed into the side of my vehicle. My vehicle was clearly in the blindspot of the carrier. In my eyes, given the actions of the driver it did not appear they knew where they were going and were not aware of their surroundings when they made that turn.
There were no 3rd party witnesses and our stories are differing as to how we ended up parrallel and whether the other party indicated, but the stories match where the other driver made a right turn into me.
I'm being binged 50% at fault because insurance is stating that the vehicles shouldn't have been beside each other in a designated "single-lane" and that the entire story doesn't match. Because we have no 3rd party witnesses to explain how the vehicles ended up parrallel I'm stuck to defend myself with the traffic act but I'm unable to find a definition for "Single-lane" or driving parrllel or passing where a lane is big enough for two or more vehicles. Yet all over the city there are lanes like this!!!!
My argument is that there is no clearly defined rule in the act for the lane we were driving on, and because of that, both drivers should have used discretion due to lane size. Attempting to make a right turn from the leftmost side of the lane (where there was more than enough space for another vehicle) should have prompted the other driver to make a check in their blindspot before attempting the turn which is where I would say the infraction occurred. Being in the blindspot at the time of impact and driving in an unchanging direction should not make me at fault. The point of impact shows my establishment in the lane.
Is there anything in the act to help me?