Why is this the other aircrafts fault? You did not see him either until the last moment hence the near miss. Was your look out not sufficient either?
Assuming your aircraft would have been "glinting" in the sun enough to alert him to your presence is a little arrogant as well.
It may well have been that the vis or the sun from his angle effectivly made you invisible.
See and avoid is an onus on all parties.....