When my daughter got into a legal situation, which she was innocent in, the first thing my lawyer said was stay quiet, don’t say anything to anyone and let me handle it all.
One thing that gives a little indication is they gave your friend the rental quickly. I had a lady make a u turn, on a red light, while talking on the phone, with multiple witnesses. Called her insurance for a rental and she had already retained counsel, in less than half an hour while she and her kids were rushed to the hospital. It only took a couple of days for her attorney to realize he had nothing, but the kids that hit youi, his insurance gave up the rental quickly so I'm guessing it will just be about how much $ you and your friend go for on how quickly it's handled. Not an attorney, so this is only based on my personal experience. Good luck though, and don't sign off until you are absolutely sure you are OK. Back and neck issues can take 4-5 days to really show. More personal experience there.
Your choice. I'm sure a lawyer would say it's probably not the best idea to chat about an open lawsuit on a public forum.
Unless there’s serious injury, there’s no way to really prove someone was texting and driving without legal action. And if you go down the rabbit hole of serious legal action, you’re going to end up spending more money on it than is actually worth it. It’s upsetting but trying to pursue something because you think the kid is a douche is a silly endeavor IMO. If you are hurt in any way, it’s a bit of a different story but you really should just seek medical damages, car damages and that’s about it. I’m going to guess a judge throws out anything over emotional distress or stuff like that over a fender bender. Now you’re in a legal hole, the kids in a legal hole and as much of a douche as he might’ve been in that moment, maybe he just made a stupid mistake.
Not spending anything. Still flabbergasted he wasn't ticketed because "there weren't any witnesses" in broad daylight on a busy street. It wasn't exactly a fender bender, btw. I get it, and I thank you for that, but it's crazy that we should somehow be nervous over being plowed into from behind as if we drove into ourselves.
OK. This is the litigious society we live in, but your words shouldn't hurt you when there is no gray area and you haven't done anything wrong. I'm not talking about false police confessions here. Something is wonky regardless. @Cman68 or @Brook! , please delete the thread. Thanks.