I didn't see any lawyers post an opinion here. And the insurance company is God where fault is concerned. Unless someone was seriously inured or killed, no attorney worth his salt will try to challenge that. There's just no money in it. And money is all that attorneys are concerned about.
Imagine if you would have killed that driver and his lawyer went back through your ELDs, because they can now, as drivers were stupid enough to allow electronic tattletale equipment on the rigs, and discovered you were speeding 5 over a minute before it happened and you get charged with manslaughter.
Well, then there must be two Gods because I feel pretty sure there is another insurance company that is saying "the car driver is not at fault in this incident". There's no money in paying 100% for a totaled car if there's another party who might accept all or at least some of the fault.
PS--DACcident. A piddly accident your company can use against you to make you look less attractive to a competing carrier, so you can't leave and go somewhere else. That bug that hit your windshield? Well, if you hadn't been there when you were, that bug would have flown on across the road and wouldn't have hit you. And it left a mark, a microscopic scratch. ACCIDENT. Your fault.
A totaled car is small potatoes in the personal injury attorney world. $25k pales in comparison to the $1M pot that's up for grabs when someone gets hurt in a truck wreck. No attorney has time for what they might get paid for a property damage settlement. The insurance companies' salaried attorneys may or may not discuss subrogation over coffee and donuts in this case.
Really? Small potatoes? Get into a "he said, she said accident" and see how frustrating it can be for all parties to get even just $4k worth of damage paid to you without a lot of hassle and negative claim history forcing higher rates, no matter who did or did not accept fault? Today, many of these settle as "50/50 fault" you pay your guy's damages and we pay our guy's damages, end of claim. Thus putting a bad mark on your claim history and make you a higher risk for future coverage, no matter the real facts in the matter. Insurance companies are "lazy, slow to investigate, and tight with their money to outside parties" in multi-party accident claims. Period.
Sometimes all you see in your right mirror is the right side of trailer while making a right hand turn. I almost had a similar incident only the car was in the shoulder /ditch trying to pass. This was at a crossroad with no turn lane. To bad being an idiot isn't a chargeable offense.
Wow. Get into an accident and you don't call the cops? The insurance company won't cover a claim against you if you didn't call the cops and have them and ONLY THEM determine the fault of who caused it. The insurance works on legal documentation, not what you say. I would think you would be the one at fault, you we the one straddling the lanes and he was within the lane if it is as you described. And if you get a letter from a lawyer, don't take it as bs, get a lawyer for yourself, you will need it.