Can we argue 50/50 decision

My daughter was driving on the highway and a woman was running back and forth between 2 lanes of traffic my daughter slowed down blasted her horn and swerved to avoid the woman she still did not move , my daughter unfortunately hit the woman and the insurance company is deeming it 50/50 . This woman was fighting with her boyfriend in the side of the road , police were called before the accident occurred alerting police to this woman’s behavior, can we appeal the insurance company’s decision of 50/50 fault ?