Good thing you're okay.
As far as insurance is concerned, and from what you have said, if you couldn't see where you were going, you should have stopped. Because you didn't stop you were at fault to a degree.
However... Monaro Man should have taken the care to be his own side of the road. That makes him at fault to a degree as well.
That's termed contributory negligence, which means Monaro Man's insurance company can't try to recover damages from you because their client contributed to the accident in some way (by being on your side of the road).
I have seen almost the same thing where one driver was doing 70kph+ in a 50kph zone, when an oncoming car veered into his lane to go around a parked car, which resulted in the two cars colliding head on. Both drivers were found to have contributed to the accident so the insured guy had his car paid for and the uninsured guy had to pay to fix his own. Sounds pretty much the same kind of scenario.
Good on you for getting those photos proving his position on the road.
Any way I wouldn't worry too much about paying out to fix the Monaro Man's car, I don't think that will happen (although they'll probably send you a letter to try and intimidate you anyway in the hope that you'll admit fault), and get yourself some sleep.
Bookmarks