Auto Insurance Claims: Passing, juris doctor, blind spot

Question
I live in Indiana and had a accident on 3/26/07.  I was driving east behind a small truck.  I turned my turn signal on to go into the passing lane to pass him.  As I got next to him he started merging into my lane.  I slowed down but due to a car behind me could not get further out of his way.  He hit my front right fender.  
His insurance is saying that he states he turned on his signal and that I did not give him right away.  He did not on his signal which I know is debatable since we have no witnesses but my insurance says that does not apply that he is at fault for not giving right away due to the damage being on the sides of cars not the rear.  Which is correct?  

Answer
Hi Julie,

Your insurance and you are correct. You were NOT in the process of "switching" lanes: instead you had already established your position within the left lane at the time he started to move.  

You were in his blind spot and he did not even see you.  He is 100% at fault, and DO NOT ACCEPT ANY RESPONSIBILITY FOR THIS ACCIDENT.  Use the reasoning I set forth above.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com