So I got into an accident last night with my mom's 2000 sienna. Basically I was cut off (guy wanted to turn right and was in the left lane) and the guy slammed on his brakes to avoid running over a pedestrian crossing the street but the way he did it I could only have enough time to swerve enough to stay in my lane as I couldn't check if I would be cutting off another car and took out my fender, corner light, side view mirror and a bit of the door. He had a broken tail light, 2 inches of his plastic bumper cap/step broken off and a slight dent in his rear quarter panel. I told him he was going to be at fault and we should just settle it between us.

After talking for a while he still insists to call the police. We give our statements to the officer and he admits to our exact telling of the happening and adds he didn't see me and thought it was a dedicated turn lane. So after a while she comes back to get a statement from my passenger. Another while passes and she gave my paper work back with the accident report number on it and informs me the other driver is being charged with careless driving.

I call the insurance to let them know what happened and to give them the report number. Then I ask what I need to do to get my car fixed as I was hit a few years ago by someone that also was charged with careless driving and they dealt with it quickly. It turns out that HTA rules say the other driver is at fault and insurance rules say I am at fault! I was not speeding or driving carelessly (for once) and get shat on. I already was just barely able to stay on with this company as I have had several speeding tickets in the last few years including one that had a few points. My mom's policy may not affect mine since it was her insurance but I'm pretty sure it is still connected to mine as we had it on the same policy before she moved into her own house.

I am freaking out now as I am going to have to go to facility insurance if that is the case and might lose my job as I am a service technician and was just barely able to get on the company insurance with my convictions already. I stopped by the police station to see if I could get a copy of the accident report but they said the insurance company will get it themselves and it will show who is at fault on it.

Any one know if I am screwed? Is there a way to sue the other driver in civil court or some other way? What should I say to my broker to see if they can actually help me or not?