Will I win my small claims case?

We can't tell you.

You will find out when the judge renders his decision.

Allstate has to hire an attorney to defend their driver. It's in the standard auto policy. If the Allstate driver filed a counter-suit against you then your company would hire an attorney to defend you against that.

In the end, you filed the suit and you'll just have to see what the judge decides. Make sure you take all evidence to support your position.

If you enter an intersection when the light turns green, you have to first confirm that there is no vehicle about to enter the intersection or entering it. That is the basis of the insurance company claiming he had control of the intersection.

Your not seeing a vehicle that is close enough to collide with you because of its speed will certainly not wash in any court.

You have to be able to see that vehicle and estimate that it is not going to collide with you. If you had seen this vehicle and concluded he would stop, but he hit you, you would have badly estimated.

In general starting into an intersection while any vehicle appears to be likely to enter the intersection puts you at fault, at least partially. Failing to see that the vehicle is likely to enter the intersection is even worse.

If you had entered the intersection a couple seconds after the light went green, and then been in this collision we could still assume that you had not properly checked for approaching vehicles, so you would bear part of the responsibility.

Your best approach is to ask the court to assess part of the fault to both parties. Both were at fault.

you get a copy of his traffic report and ticket(request it from allstate or their lawyer ) saying he ran the red light failed to yield don't see where any judge will favor in his case-allstate will try to defend their client saying that you should have been practicing defensive driving and should have not pulled out-in other words making sure intersection was clear before proceeding-if you loose can always appeal.But I honestly believe allstate will want to settle with you out of court on day of court-beware for settling on anything below your money limits-they must pay all court costs and reimburse you for all costs

if you defend yourself alone you will lose, however since he was not in the intersection he did not have 'control of the intersection' until after he broke the law. you were right, but you do need a lawyer if you are going to win.

Maybe. It would be nice if you had the statement from the first responders and any witnesses.