Auto Insurance Claims: Auto accident, Who is at fault?

Question
I was coming home from Walmart going the back way down a well traveled county road going the speed limit when a man pulled out of his driveway on the left side of me turning left, the same way I was going. He was over the line and I didn't have time to slow down so to avoid him from hitting me in the side I swerved and hit a culvert, bounced out and proceeded to pull off on the shoulder. He stopped to make sure I was o.k. I was shaken up and he said he didn't see me because of the blinding evening sun. I called the pilice and they said the axle was bent on my vehicle and it was un-drivable. They had it towed to a wrecker yard. Who's insurance should pay for this? I feel like he is at fault. What do you think?

Answer
It is definitely his fault, in my opinion.  Although the insurance company for him could argue that you made a faulty evasive action, your defense would be that the accident was sudden and unavoidable due to the negligence of their insured (the guy who didn't keep a proper lookout and failed to yield the right of way to you).  

Make a claim against his policy and if they want to argue with you, you'll have to decide whether to fight about it or not.  I don't see how a jury could place you at blame if the facts are not disputed.

I hope this helps.

Justin