I was surprised as well. The situation was in traffic, on an off ramp from one interstate to the other. The driver is slowing down, managing the space in front of him. A car decided to cross a couple lanes and saw the space in front of the truck was available to him so he sped up and continued into that space. He then to hit the brakes to an almost stop where our driver had no choice but to hang on eventually hitting him. The cop saw the footage on the dash cam and charged the driver of the car with unsafe lane change.
There was very little damage to the 3rd party vehicle - the back window of the SUV wasn't even broken. The police report said no damage to the 3rd party vehicle. All vehicles drove away.
Two days later a lawyer called saying the twerp was in the hospital and his football days were over. I advised him to call our insurance company.
In the eyes of the insurance company we technically hit the driver from behind which automatically deems us at fault. They therefore paid it out. They said its easier to pay it out then to go to court in Texas and find out how crooked the court system is in Dallas.
The second situation was in OH where a car passed our truck with the RS passenger window broke out, and the mirror hanging. The 3rd party said that we encroached in her lane and hit her. The driver felt something but when he looked out the mirror he only saw the third party vehicle. Our dash video showed that our driver did not leave the right line at all for over 2 hours - he didn't drift, hit the rumble strips, or pass the center line. The officer reviewed it and did not charge anyone. Insurance originally denied the claim but when someone set a court date we were told by the insurance company that "It was handled in-house. The claim is closed and settled". I am waiting to see if that is on my loss-run.
I agree with you
@Michael Ludwig that everyone should be asking their insurance company how they deal with this situation. I'm afraid that your only option is to allow them to represent you, or represent yourself. That may turn into a bigger mistake.