Legal Question in Traffic Law in California

Hit and Run? My fault?

I had backed out of my driveway onto the street and was already completely out on the street and put my car into drive when I was hit from behind. The other vehicle seemed to be speeding and tried to go around me and missed. He did not stop but kept driving and left the scene of the accident. 10 minutes later he came back because he saw the damage to his car. My insurance company is saying it is my fault and it doesn't matter that he left the scene of the accident and they can't prove he was speeding. He hit me on the left back corner of my rear bumper, with enough force to push the bed of my truck into the cab of the truck. No one witnessed the actual accident but I do have witnesses that saw him take off down the street that can testify to the 10 min time frame and that his bumper ended up all the way down the street. His car was damaged on his passenger side all the way (front to back) because he kept driving and his car was scraping my bumper as he kept driving. My questions are - isn't it illegal that he left the scene for 10 min before coming back? And am I at fault because of what I did prior to him hitting me (had just backed out of a driveway)? Thank you for your help. I am not getting any help from my ins co.

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