Sound like he has tried to go up the
outside of you yes?
Did you take any pics of the scene?
Was there a white line in the road? If so which side was he when he hit you? If he was on the wrong side of the road I would say he was bang to rights, up to him to be aware of cars turning right if he overtaking IMO
IF there wasnt a white line it my go knock for knock
Surely your car a write off now though???