Wherein I am f#$%ing rude. Language warning, longish.

[JustADude]

On one hand, it was their fault. But, if you don't get any witnesses, you're screwed--it would be easy to claim "I got rear-ended."

To paraphrase CSI: "The Evidence is your best witness"

If you're standing still the skid-marks, type of damage, etc, will be significantly different than if you're the one moving forward/backward.