Happened to me back in 1959 with my customized 54 Olds. Drunk ran into it when legally parked, sure took advantaged of that 20 year old kid, but that was the last time, been taking these basterds to court every since.
These crooked SOB's claim you are 30% guilty for being there, and they do have a point, if her car wasn't there, it wouldn't have been hit. They figure if you hire an attorney, he would get 30% plus expenses of your claim. So either way you are screwed!
Answer to this dilemma, is to take these basterds to court yourself and be well prepared, not only got the full value of my vehicle or my kids, but consequential damages as well.
Another thing you learn is that the insurance companies hire the best attorneys, you land up with second best. Really would hate to live in a state with no-fault laws, this tells you instantly your legislators are working for and being paid by insurance companies. If you live in a state like this, should have a hanging policy for yet another group of crooked basterds.
When you go to court, have to be well composed, look the judge straight in the eye, be brief, unemotional, and just state the facts.
Assuming this happened in Australia, how are your courts? Are they working for the insurance companies or the people?
We are sure getting a ton of insurance company ads on the TV, most of these basterds are lying.