WA Open door damage to parked car.

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pad80

Member
14 April 2022
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Hello,
My wife was parked on the road of a residential street. Another car arrived and parked parallel next to her on the verge of the property.
They both went to a nearby shop and came back to their cars. My wife was putting our son in the back passenger side of the car so the door was open.
The other driver got in his car and tried to drive forward off the curb around my wife. His cars rear drivers wheel well clipped the door pulling it further open.
He then reversed and almost squashed them with the door moving closing. My wife jumped out of the way and screamed at the driver to stop.
We have third party insurance. His insurance and ours (same company) are saying we are at fault. I disagree after reading the road traffic code 2000 (WA).
Being that the door was not opened onto a carriageway, and further, a vehicle leaving land abutting a carriageway needs to give way to pedestrians and traffic.
Would this be a fair assumption if we have to go to small claims to recover repair costs ?
Thank you for the help.