tl;dr: I was hit by a driver using his phone, I was found guilty. Last week I was changing lane in a very slow traffic traffic jam, I turn the left sign, the d

tl;dr: I was hit by a driver using his phone, I was found guilty. Last week I was changing lane in a very slow traffic traffic jam, I turn the left sign, the driver completely stops. I assume this as he giving me space to enter, I slowly enter. He then starts driving forward slowly, he starts approaching, I'm puzzled. I realize he is driving with his phone on his face. Completely unaware that I'm in his lane. He hits. We talk, he starts saying I jumped in front of him, I just tell him he did not see me because he was on the phone. He agrees and he apologizes. We exchange information and go back home. It was only some scratches in our cars. Later I do the insurance claim (we both had the same insurance company), and I discover that in his report he omits about the phone. I now I have to prove that he was one the phone and I have not jumped with my car in front of him. I could not prove that. I do have a front dashcam but only a very good and specifically placed dashcam would capture such proof. The insurance found me guilty. I don't know what was the lesson here, maybe always get a police report. Contacting the police at the moment had not crossed my head because it was was not a big deal, the driver sounded reasonable (apart from the fact he was using the phone while driving), and there was something going on that was causing the traffic jam and required the police in the first place.