I hit a car while I was backing up from a completely obscured parking spot. He was going around 40 mph on a mall parking lot. However, since he was in a "traffic lane" I was found at fault. The police were not called because it was a private property and no traffic laws were broken. I contacted my insurance to give my story, but did not file claim. Damage to my car was ... $2.50 (touch up paint). Damage to his $3,500 (I drove the Wag). My rates went up $200/year for 3 years because I was 100% at fault. You ALWAYS need to notify your insurance, because the guy may call his and told them YOU hit him. If he was at fault (and in your case he was). Your insurance will fight it out with him. Your rates may go up depending on your % of fault (in this case-0% so they should not, specifically because you were out of the car).
Anyway, California is almost equivalent to the communist country I came from (circa 1981), so I have no clue what your rights are. sorry.
1985 190D 2.2l Sold-to Brother-in-law
1996 Mustang 3.8l -"thinks it's a sports car"
1988 Grand Wagoneer - Sold (good home)
1995 Grand Cherokee Ltd -"What was I thinking??!!"