Car pulled out in front of me and I sideswiped it, what now?

I was driving my truck when I noticed a car that was going to pull out into my lane of traffic from a gas station. I assume he saw me coming and stopped, and then looked at the light as it turns yellow and then pulls into my lane of traffic as if he thought I could stop this truck like a corvette. When the light turned yellow I was already passed the point of being able to brake and stop before the light. Luckily I was able to avoid rear ending him but I did side swipe his vehicle. What do you guys think will happen?

 

Was he before or after the stoplight? Because if he was after the stoplight, that means you had time to travel through an intersection and then get to the driveway he was pulling out of, which sounds like ample stopping opportunity.

 

Before

 

You are already explaining the circumstances like if you were guilty.
He had no business looking at YOUR traffic light, it’s not how things work.

What matters is that he didn’t yield you the right of way and you have to be emphasizing this part. You don’t have to be mentioning the light turning yellow, it’s his defense and you’re playing into it.

 

He failed to yield, what’s the problem?

 

Were you able to take pictures of the accident scene?

 

I'm not an accident investigator or anything but if you hit the side of the car and not the back, it definitely supports the story of HIM failing to yield the right of way to YOU.

 

Stop talking about the light. He must yield to highway traffic.

 

Get the Police report!

Even when the description 'only' contains 'Driver No. 1 said....Driver No. 2 said.....' with no blame due to his 'investigation' listed; the way the report is made AND the answers to those little boxes full of numbers running down each margin DO express the results of the officer's investigation and his take on the accident.

By the sounds of your description, this should be a 'non-preventable' accident as the other vehicle did not yield, especially if the officer cited the other driver. Ideally the carrier should say non-preventable/non-chargeable depending on the PD report and the insurance calims.

You should always get the PD report as your next carrier may question the accident when reviewing your MVR as insurance companies always look to see who is 'at fault', alot allow one at fault in the past three years and guys with two will be questioned if not automatically discarded.

Even when the other party is 'at fault', it may not stop their insurance from coming after your company [and you] for damages paid out when THEY think it was your fault.

Plus body injury claims often 'arise' after the fact so seeing the other party drive away dosen't mean they won't be at the ER soon, right before they seek legal council.

The statute of limitations for automobile lawsuits is usually around 2 years and here in NJ the ambulance chasers paperworks shows up around 18 - 20 months after the accident.

This type of lawyer can/has brought suit directly against the driver after the other party has been denied by the carrier's insurance as a way to bring the insurance money back to the table, in this case you will get the papers directly...insurance will defend you as their coverage was in effect.

Did I mention you need a copy of the police report?

OP should be OK and the PD report should keep him out of hot water but you never know what can happen.

Even when the carrier is not at fault, the insurance company will do everything to avoid actually going to court and will negotiate a settlement.

Get the PD report EVERY time. I know it can be hard but it is in your best interests to do it.

 

And we’re not talking about pictures of the traffic light.