If he only scraped you, honestly he may not have known he hit you car. The shear weight of the truck doesn't transfer small impacts that would normally be felt in regular passenger vehicles. Glad it wasn't worse.
I thought hit and run put the other person at fault, by default?
In 49 states that would be true but the OP did say this happened in California...so???
Oh I didn't know that nimbus, that makes sense. Even if he did drive a 18 wheeler truck and somehow the long tail of the trailer hit my car, he wouldn't feel as if I was there. Man, that's tricky, but regardless he should have checked before making the right turn. I think it will work in my favor, I just know it.
Light turns green, we all hit the gas....except the lead car So I hit car #2, car #2 hits car #1. Car #1 puts the haul-arse to it, never saw them again. Lady in Car#2 and I pull over, check things out and we're both laughing thinking, yep...someone's riding dirty and we lucked (well ME) lucked out.
Next day, same lady rear ends me in the school parking lot. Just odd, dumb things happen sometimes. Point of the story, your Trucker is long gone and won't, didn't and probably couldn't file a report (dui perhaps, no license perhaps, didn't feel you perhaps) so you should be good. Your Ins. will have to cover the costs of course. Now if ChiP runs the tag and gets the driver, the driver is in for a whole lotta trouble for speeding up and leaving the scene....if proven somehow. Any witnesses? Either way though, you were hit, you're okay and you have Ins.
For what it's worth, here in NY you would not be at fault simply because he entered the lane where you were already established and hit you - essentially it was "your" lane. Anyone changing lanes must make sure the destination lane is clear before merging and is at fault if an accident happens.
My state driver would be at fault. You are in your lane. You own it. Legally you are not obligated to make room. I work at a trucking company. Get the plate numbers, turn them into the company. Press charges. If you have witnesses or accident camera, you have them and they would probably settle before it can even be filed in court. My boss does that. Set of duallys came off and totaled out a car and a truck. Both got brand new cars by the end of the day. My boss is a pilot and flew up from Florida the moment he heard. The truck was a brand new one. My boss met him at a dealership and paid for a brand new $70k truck. It was accepted and now it voids out liability. Cheaper for him to do so and to get it done while they are still in shock.
Okay guys, so I just got a VM from my adjuster that the guy doesn't have insurance, good thing I have uninsured motorist. I've had that claim maybe twice so this is my 3rd one, hopefully I get a lot from it.