I was in an accident in which I was making a left turn from a small residential street onto another residential, but busier thoroughfare. The story follows. But the bottom line is that the experts can tell a hell of a lot from the nature of the damage about who was responsible for yielding the right of way, or who failed to do something they should have to avoid the accident. Nothing anyone can say can change the nature of the damage.
In my case, it was an uncontrolled intersection with stop signs and white lines on the small cross street. After I had moved beyond the white line to see (there was a bush it was difficult to see around), while I was looking left, all the sudden there was this terrible squealing sound. A driver in an SUV taking a left onto the street I was coming out of cut their turn way too close. The side of their car hit the left front corner of mine leaving a long side swipe on their car.
The other driver tried to claim I hit him while pulling out. I took photos at the scene, including the relative positions of our cars immediately after, photos of the complete absence of visibility when I stood at the white line, long side swipe on the other car, crunched bits of the left front fender and quarter panel of my car
Anyway, whether it was the photos I submitted to the insurance company or just the adjuster's inspection of my vehicle and the other vehicle, they found that the other driver's claim to their insurance company that I hit them was wrong. It was obvious from the nature of the damage that I was stationary (or inching forward) while the other car was in motion. That, yes, I was well-passed the white line, but I was not far enough to interfere with cross traffic. There was no other way to get the necessary view of traffic than to "sneak out." I think it came down to an assessment that I was an object that the other driver could see, and should have seen. Hitting me was 100% the other driver's fault.
I don't know if this helps at all with your situation, but it sounds to me a bit like you were an object that the person who hit you was responsible for being aware of.
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