It's easy to forget to turn your lights on in town because of the street lights. I've been going down Main Street many times myself and someone would flash their lights at me and I'd realize I didn't have my lights on. But you would think with it being both dark AND raining, he would have thought to turn them on. In the police report, there is no mention of him not running his lights and also no mention of a witness. I guess I could fight it and win and make him fix my truck, but it's just not worth it in my opinion. If I got that corner fixed right and repainted, I'd have to have the whole truck repainted . . . I'll just throw another headlight bezel on it and chalk one up to experiance. I'm not out any cash and my State Farm agent said since I wasn't charged with anything, my premiums shouldn't go up.
And the truth is, even without his lights, I should have seen him.

Even though it was dark and raining and he didn't have lights on, there were street lights. If you go through life expecting ever other driver to always do the right thing, you'll end up having a LOT of accidents. I looked left, then right, then quickly left again . . . I should have looked straight ahead again before I started pulling out.