My question involves insurance law for the state of: VA
I merged into a road(with 2 lanes in each direction) by taking RIGHT when there was no on-coming traffic. I entered through the right side lane and moved immediately(within 50ft) to the left lane. After ~100ft another vehicle merged into the same road from the opposite side by taking LEFT. He did not notice my car and hit at my driver side rear door with his front bumper. I was completely in the left lane before he merged and hit at my blind spot. I submitted a claim to his insurance company but they denied it. His argument was that I should not have moved to left lane immediately. Police officer told that she couldn't not tell who was at-fault since she did not witness the accident. Is it not that the person entering from the RIGHT side have the right of way? Please let me know who is at-fault here. Much thanks in advance.