[Joe K]

I think legally, the car directly behind you would be considered "at fault" by the insurance company. If you have a plate number, you can (with a little searching) put in a claim - either to the insurance, or to them personally.

They, in turn, would include their damages TO you in with their damages FROM the cell-phone expert when they make their claim on her.

Not that you would or should. It sounds like you have sort of "written off" the luggage rack?

I once was back-ended by a woman who didn't see my tailgate was down and misjudged her clearance.

We exchanged papers but I told her at the time I refused to put in a claim since the truck tailgate had already been damaged through wear and tear (It was my utility truck and was 12 years old at the time of the accident.) And I could still close it so what the heck?

Over the next week I got REPEATED calls from the insurance company PLEADING with me to accept their money to replace the tailgate. Each time I refused. Finally, I conceded I would take $1 in damages - and so they could say I would not be filing further charges of physical damage to me. (you accept a payout - and you accept the terms apparently.)

Your state laws may vary - and it's too bad that automobiles don't have "disabler" circuits to disable cellphone use while driving (look to that in the future.)

We (collective "we") seem not to be able to use the good sense that our Maker gave us - so someone has to "compel" us to good sense.

Joe K