Not sure what to do.

[muttl3y]

I ride a motorcycle and what I usually do when I'm on the freeway and passing an on-ramp is move into the right hand lane for this exact reason:

I'd only just moved to a spot with a safety gap in front of me when about two seconds later some clever fellow in a pajero saw the space in front of me as the perfect spot for his car and merged from the on ramp, across the left lane (cutting off a car to do so) and into the spot that i was now frantically braking to avoid.
Slowing from 80 to 0 in 2 metres meant that yep, I dropped my little ninja. I'm okay, i live to write about it. My gear did it'a job. another example of ATGATT or GTFO. ha ha.

To his credit he did stop and give me his details along with the comment 'you weren't there one moment and there the next buddy. zooming up the middle' (I'd like to point out I was definitely in the right lane.) But he never actually admitted being at fault.
But here's my actual dilemma:
The bike has existing damage and altough it looks bad, all i need is a new right indicator and brake lever. My problem is the hundreds of dollars of now shredded gear. jacket is stuffed, Kevlar jeans have only a small hole in them, brand new winter glove doesn't look too flash, but i think that's more from poor workmanship, and helmet has a new mark on it.

1) Do I have a leg to stand on?
2) can I just ask that he replace my gear or do I have to involve the whole bike?
3) If I do have to involve the whole bike how can I prove what's new and what's existing ?
4) If the bike is involved and due to the existing damage probably get rejected by his insurance is there any way i can be compensated for my gear?

I'm not one to raise a fuss but I just can't afford to replace it all at the moment and I thinks it's a bit unfair that I have to.
I have no idea what to do so any help is appreciated.

Thanks.

[Hardy]

Take it all to a bike shop to get a quote for repair/replacement of anything damaged in the accident and then send him the quote. Whether he claims on insurance is up to him.

[muttl3y]

Will that include the riding gear? the bike is a simple fix, my gear is what will need replacing.

[Hardy]

I said "all".

Plenty of times I have made drivers pay for my busted bike gear, including clothes, gloves and contents of a bag.
If a car owner gets a smudge on their paint, they will sue you for thousands, so don't hesitate to replace everything that got a scratch on it.

[muttl3y]

Thanks for the info. Really appreciated.