Sorry, another one of those threads.
tldr; Who is at fault? Me or the other guy?
I was dropping my child off to day care. While correcting my car, so it is between the lines, I had to back out my car twice and on the second attempt was rear ended by a black sedan.
The insurance company says I will need to pay the excess as am at fault, citing Australian road rules 87 Section 3
"In this situation the Australian Road Rule which has been used is 87 Section 3 which reads as follows:
A driver turning from a median strip parking area into a marked lane, or a line of traffic, must give way to
any vehicle travelling in the lane or line of traffic."
It was a corner car park space and I made sure (enough) there was no vehicle approaching - this black sedan as you can see from the footage (visible at around the 12 second mark) was parked along the way and decided to make the turn even though I was more than half way out of the space.
A witness came forward saying he didn't see the crash but turned around when he heard the crash and saw the guy was on his cell phone. The insurance company isn't treating him as a witness as he did not really witness the crash.
The rear bumper will need to be replaced. Crash repairer quoted around $2k for the fixes (bumper + a few others)
Do I just cop it? If not, how do I fight back?
This thread has served its purpose. Got the answer. Thanks guys