Auto Insurance Claims: when almost pulled out of parking spot and hit, whos at fault?, own insurance, cross walk

Question
Hi Richard,
This last Sunday, I was exiting from a parallel parking spot.  I was parked by a cross walk facing away and on the right side of the street, closest spot to the cross of streets.  I turned behind me to look, started leaving, was almost into the road, and saw from the corner of my eye a car coming at me. I slammed on my breaks and tried to veer right (back towards spot).  They kept going, didn't really slow down or veer away.  My insurance company is telling me it's 100% my fault.  (Live in San Francisco.)  Should this really be the case?  If so why?  I have 30 days to disagree and try to prove innocence.  Do you know of any points I could bring up that would be helpful?  Sighting cases, laws, sending my camera pics, etc?
Thank you very much!
Jenny

Answer
Hi Jenny,

Unfortunately there is not much I can tell you. The vehicle that hit you was on the roadway and is concidered to have the right of way. As the driver of a parked vehicle, you have the greatest duty to be sure you have a clear path before entering the roadway.  If your own insurance company has decided you are 100% at fault, it is because after taking statements from both parties they have determined that there is no way to win if they decided anything else. In these situations it is your word against the other drivers word. Even if you went to arbitration about the best you could hope for is a 50/50 liability decision. A 50/50 liability decision would still be considered an at-fault event as far as your policy is concerned and the affect would be the same.

I hope this helps
Richard Hixenbaugh