Auto Insurance Claims: Backing Up, independent arbiter, parking stall

Question

Backing Up I was backing out of a parking stall, and once I was all of the way clear with my front wheels, a vehicle came by me in the other lane, going the wrong direction for that lane and his very right front was scraped and dented by my very left bumper corner. My small truck was not damaged at all but for a 6" scrape on the metal bumper while his right front fender panel was damaged about 24" as he went by. My view to where he was coming from was hidden by my rear roof support and rear head rest as well as the street sloping down away from me. His view of my vehicle was perfectly clear as there were two empty parking spaces next to me, on his approaching side. I took several photos of the cars positions that show exactly where the point of impact occured in the street, his vehicle have moved straght ahead about 20' and mine pulled back towards the space about 3'. The photos show that that my front end was all the way clear of the parking space by impact, thus I was entirely blocking one lane. I could not see his approach, and he evidently tried to pass by behind me in wrong lane, going the wrong direction for that lane. I am being given fault for this accident, yet am trying to get this to be overturned by an arbiter. Without the photos, I know that I would not have any chance, but should he not be at fault as he clearly could see my progress in front of him but did not stop.

Answer
Hi Michael,
I'm afraid that I can't offer you much assistance.

State and insurance laws put the burden on the person who is backing
to be sure that it's 100% safe to do so.

It sounds like your insurance company properly assigned the blame to you.

It appears that you have hired an independent arbiter to assist you in trying to get this 'fault' loss over ruled.  Frankly, I think you are just wasting your time and money.

Sincerely,
Bennie
San Francisco Bay Area