collision at intersection

We were crossing an intersection through a gap in stationary traffic. as we crossed to our exit the car waiting in the queue to our right reversed and hit the driver side door. we have a witness (the driver of the car to our left who left a space for us to pass) who is at fault ?
12:43 Sun 25th Oct 2009
 
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The 3rd party as he was not aware of your presence because he hadn't looked, what if they'd reversed into the car behind them, what if they'd reversed into a crossing pedestrian?
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Thanks for that answer. I was asking because the driver has been in touch with the insurance company and said that the fault could be disputed. I dont see how but it is a worry for the driver who faces a high excess for the repai.

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