QLD Someone crashed into my door while I was parked. Insurance finding me at fault

[Smithj]

My door was crashed into while I was parked and was in the process of opening my door to get out. She seemed to have been going quite fast into the carpark and the damage caused was the bottom corner of my door pierced into her bottom bumper. I checked all my mirrors before exiting my vehicle

They insurance company claims I am at fault because:

Australian Road Rule 269Opening doors and getting out of a vehicle etc states that (3) A person must not cause a hazard to any person or vehicle by opening a door of a vehicle, leaving a door of a vehicle open, or getting off, or out of, a vehicle.

Are there any road rules that I can use to back up a dispute?

 

[davidjames]

The road rules are not super relevant when it comes to a determination on who was negligent. If you disagree with a decision made by your insurer you can request an internal review and if you are still not satisfied you can make a complaint with AFCA.

 

[Scruff]

There may be one chance, but only if there were line markings, eg: you were parked in a marked parking bay.

If you opened the door and the door did not pass over the line marking, then this would mean that the other vehicle did cross the line marking and the impact occured within your parking bay. In that instance, the other vehicle should be at fault for crossing an unbroken line, given that the insurer is basing their decision on the road rules.

Without line markings however, the insurer's decision appears to be correct. Carparks are usually designed to allow people to safely enter and exit a vehicle regardless of vehicles entering or leaving an adjacent bay (or at least, they're supposed to be anyway). So it really comes down to whether or not you were in a marked bay and if the impact occured within the marked boundaries of that bay.