I was involved in a silly accident, I was moving out of a parallel parked position on street that has three lanes and going into the middle lane. There is a small street behind where I was pulling out of and there was a person rolling up to a stop sign before turning right and going into the lane that I was about half way in, resulting in both of our bumpers hitting (my driver side front, their passenger side front). There are scratches but it is so small. I dont have dash cam or footage (from nearby businesses) of the accident happening.
ICBC came back to tell me I am 100% at fault because I was moving out of a parked position, while the other person wasnt even on my street when I was going into the middle lane, but they turned right without stopping and swiped me.
I asked the adjustor for the Motor Vehicle Act sections they are using, and she mentioned only s.169 (which states info about a parked vehicle and how they should act). Now, the part I am confused about, she mentioned "a vehicle established on a roadway has the right of way" I said did you have a section where I can refer to regarding the basis of your conclusion? she said the MVA, my response was ok, which part. Her response "I have to go through the whole thing to find it" I said well can you give me exactly the sections you are basing your conclusions on, but she couldnt give me an answer other than saying the MVA.
I dont think I particularly am 100% at fault, but partial. My question is other than a dispute (which I am going to do), how can I confirm that they are just not throwing a random decision and it has sufficient basis. Also, the repair on my vehicle is cheaper than the deductible, the repair on the other vehicle is like $1000. How much do you think my premium will go up? Can I somehow have this removed off my record in the future?