Guy at the scene pulled out his phone and I think he bought insurance ON THE SPOT after hitting me??

Oh wow, I had almost the exact same gut feeling after my accident. The guy I dealt with was also weirdly glued to his phone at the scene. I ended up just filing through my own insurance because I didn't trust anything he gave me, and honestly it was the right call. My insurer went after his eventually. Don't rely on his policy — protect yourself first.

I worked in claims for years and what you're describing is actually a known thing — people try to bind a policy after a loss, which is called post-loss binding and it's considered insurance fraud. Insurers have systems that flag same-day effective policies when a claim comes in shortly after. His insurer will almost certainly investigate the exact timestamp of when that policy was purchased vs. when the accident occurred. The police report with a timestamp is going to be really important here. Don't throw anything away.

Even if his insurer accepts the claim, do NOT assume they're on your side. They represent HIM, not you. They will drag their feet, lowball the damage estimate, and hope you get frustrated and take whatever they offer. Go through your own carrier, let them deal with the headache, and keep copies of literally everything you photographed at the scene.

The police report timestamp is your best friend right now. If the report shows the accident happened before his policy effective time — even by minutes — his insurer has grounds to deny the claim as a fraudulent post-loss purchase. That doesn't leave you with nothing though; your own uninsured/underinsured coverage might kick in depending on your policy. Worth a call to your own insurer just to understand your options before you decide how to file.

Not legal advice, but what you're describing — if accurate — could constitute insurance fraud on his part, which actually strengthens your position in some ways. His insurer will investigate, and if they deny his policy, you'd likely be dealing with an uninsured motorist situation. The documentation you collected at the scene (photos, police report) is exactly what you'd need. Might be worth a free consult with a PI attorney just to understand your options. Most don't charge for that initial conversation.

Hey — amid all the insurance stress, please don't ignore how your body feels over the next few days. Rear-end jolts can cause soft tissue stuff that doesn't show up until 24-48 hours later. If your neck, shoulders, or back start aching, go get checked out and make sure it's documented medically. That paper trail matters a lot if things escalate.

Did you actually check the time the policy was effective, or just the date? A same-day date could theoretically mean it started at midnight and was legitimately active before your accident. Not saying that's what happened — the sketchy behavior at the scene is a red flag for sure — but before assuming fraud, it might be worth confirming the exact effective time if you can read it on the card.