50/50 Situation

Please explain how this is a 50/50 situation. John arrived at a STOP street... According to the traffic road rules, he should STOP and watch if there is any incoming traffic before proceeding. If there is any traffic incoming traffic he should remain still.

I am coming in and turning left. John decides that he is NOT going to wait and turn right at the same time that I am turning. He does not turn wide enough and encroached into my lane and crashed into my car.

The lady from outsurance told me that I should "swerve to avoid the crash." I cannot swerve to avoid the crash because there is a pavement ... with pedestrian! The pavement is also higher than the road... if I swerve onto the pavement I could cause not only more damages to my car but also hit any pedestrian/

Now John does NOT stay where he crashed INTO my car... he drove away from the site of impact. There is NO way that I can prove that he came into my lane. And you, as an Insurance company, jump onto this band waggon... so that you do NOT have to pay any damages. The first thing that John told me after the crash.... "Sorry, It was MY fault!". How is this a 50/50 situation?

Like all insurance company, you like taking money/premium from your customer... but when it comes to paying back claim... there is always some issues/excuses! Now all, that you can say... "We are proceeding to close the files". And I am left with a damage car..

And I have NO way to dispute this...the lady from Outsurance says that I need to get a lawyer to dispute this.