I need proof that someone was a distracted driver

I need some advice, so I hope someone out there can help me. The question is this: how can you prove someone was driving distractedly?

I got into a fender bender last week when someone hit me from behind while they were on their phone. I could clearly see the phone lighting up their face through the rearview mirror. He hit my car, we got out, checked the damage, and even called the police (that was my idea, he wanted to forget about it, of course). When the police came, the guy suddenly claimed I had stopped suddenly and he wasn’t at fault. Before, he had apologized to me, but now he claimed that wasn’t true as well. He even claimed he wasn’t on his phone.

Now, the officer said he was at fault because there was no evidence of my sudden stopping. I did slow down because I was in a turn lane, but I didn’t stop.

Anyway, the problem now is that our insurance companies are arguing over payouts, and his insurance is claiming there isn’t enough evidence that he was at fault. They doubt the police report and say it isn’t conclusive.

Now, I know the guy was on his phone, but I don’t know how to prove it. Is there any advice for this?

I was wondering if there’s a way to check his phone to prove he was using it at that exact moment. I know exactly when the accident took place because I looked at the clock on my dashboard right afterward. Is there a way I can find out if the guy was on his phone right then? I bet I could tell if he was texting or making a call, but I can’t be sure he was doing either of those things. Do phones keep a log of when apps were used and the screen was on?

I’d really appreciate any help I can get from the tech gurus out there. I’ve been reading up on all this, and I know distracted driving is seriously frowned upon these days since it’s become such a big thing with cell phones.

If I can’t nail the guy on this, I’m worried I won’t be able to prove he really was at fault, and if I’m left on the hook for an accident I didn’t cause, I just don’t know what I’ll do. It isn’t fair, for one, and for another, I don’t have the money to fix my vehicle.

So, people, let me know how to prove this guy did it. He’s a threat to people driving everywhere, and he may bankrupt me to fix my car. I am starting to worry he actually damaged the muffler, and I’m nervous about submitting a claim about that if I don’t have more evidence.

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