car accident - trying to determine fault

Hi all,
I was involved in a minor accident last night, and trying to determine who was more at fault before claiming.

I was going on a broad 2 way street (at below the speed limit).
A car in front of me signaled to park, so I veered around him (no line dividing the lanes, and the street is very broad). When I veered back on to my lane, my car was hit in the side by the car leaving the parking space.

I know when a car gets in accident while leaving a parking space, it's presumed to be more than 50% at fault. Esp in this case, he wasn't too careless. But the driver of the car waiting to park said he was willing to be the other guy's witness... and said I was going too fast (which I was not) and that i shouldn't veer around him.
Who's more at fault?

thanks for any help

He probably had his view blocked by the car waiting for the space and didnt see you.He hit you.

[tammy8]

Sounds like you pay for yours and they pay for theirs.