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Was he stationary?
In that case, I'm afraid, that does not void his insurance.
AT the very highest point, it might amount to contributory negligence but even that is fairly weak I'm afraid.
There is an offence of dangerous parking although I'm not sure this really gets over the hurdle. Dangerous parking is a really high test.
Nevertheless though, if the vehicle was station and you were moving then the duty is yours to avoid it.
I'm very sorry.
Can I clarify anything for you?