Intersection crash — both drivers claiming the other didn't signal. Who's actually at fault here?
Still kind of shaken up writing this, so bear with me.
About three weeks ago I was approaching a four-way stop in my sedan. There was a pickup truck already stopped at the corner to my left. No turn signal on, hazards off, just sitting there. I waited a beat, figured he was letting traffic clear or something, and started easing through the intersection to go straight.
The second I committed to moving, he lurched forward and swung wide to the right — no warning, no signal, nothing. Clipped my front passenger corner pretty good. I ended up spinning slightly and coming to rest half into the adjacent lane. Nobody was seriously hurt but I've had neck stiffness ever since and my car had to be towed.
Here's where it gets frustrating. His insurance is now telling me I was "already moving and failed to yield." But I only moved because he gave zero indication he was about to go anywhere! My whole argument is that a signal would have changed everything — I would have waited.
I pulled up the intersection on Google Maps and there's a traffic camera on the light pole nearby. I've asked about the footage but haven't heard back yet.
Couple of specific things I'm confused about:
- Does failing to signal automatically shift fault to him, or does it just become a "he said / she said" thing?
- Should I be talking to his insurance at all right now, or just my own?
- Is it worth getting an independent accident reconstructionist involved?
I feel like I'm being set up to take the blame for something that wasn't my fault. Any advice from people who've been through something similar would mean a lot right now.