advice on crash responsibility

[nick crisp]

Could not the fact that the car (which did not have right of way) hit you, who was on the main road; could it not be argued that it was NOT, in fact, clear for him to pull out, and therefore the fault lies with him? Whether or not YOU stopped seems to me to be immaterial in this case.

You could also point out that the level of damage done shows that you were not overtaking recklessly in any way, and were in fact proceeding with all due caution before actually stopping.