Bike looks terrible so it’s good to hear your pretty much OK.
If you’ll take some advice from a newbie here, albeit one who has worked in insurance claims for 15 years now here its is,
1/ If you were in the outside lane and the t*** pulled across you from the opposite carriageway he has NO defence. he could try to say you were speeding (although in itself this is rarely a successfull defence) or were weaving in and out of traffic (in which case you need to be asking him how, if he saw you weaving, he failed to see your arrival in his passenger seat!). Your witnesses are essential. If you can get witnesses that say they saw the accident and confirm he was on the phone that is fantastic, but the fact he was on the phone is only helpful if the witnesses support your statement that he was to blame for the accident. I know it’s easy to get caught up in the emotion but remember you aint trying to get him done for dangerous driving, your trying to get his insurers to pay up! Anything more than the money is a bonus!
2/ Things get a little sticky if you were in the inside lane and he crossed one lane of traffic before hitting you. If this is the case you might want to let me know more detail and I’ll give you any liability issues you might come across.
3/ As your insurance is TPF&T, in this situation it’s absolutely pointless calling your insurer. They dont cover own damage and therefore will not do the slightest thing to help. HOWEVER, check you documentation for that policy and any others you might have, such as household cover. It is quite common to get Legal Expenses cover thrown in, or at least a legal helpline service. If you have it use it!
4/ DO NOT USE A CLAIMS SERVICE such as those advertised on the TV unless you are really desperate or dont have the time to hassle the other insurer yourself. In my experience they are slow, inexperienced, occassionally inept, and will be guaranteed to rub up the drivers insurer the wrong way which may lead to a longer process and lower payout!
5/ Your doing the right thing getting your witness tracked down, but you need to get a written statement off them asap complete with diagram of the accident. If you want I can let you have a legal format statement that would meet court requirements.
6/ Get in touch with the other drivers insurer immediately telling them you only have TPF&T cover and notify them of your intent to claim for the cost of your bike (I can get you Glass’s Guide valuation reports on it if you like), compensation for injuries sufferred, loss of earnings (if you are salaried you might struggle on this one), and increased expenses (any costs you wouldn’t normally have incurred but now have to as you have no bike). If the insurer is on the ball they should respond pretty quickly and detail everything they need from you. Motor insurers have a bad name but in many instances this is injustified, they may be very good to you!
7/ One last quick tip. Motor insurers are not allowed (under Road Traffic Act) to refuse a claim just because their policyholder hasn’t given them any/enough information about the accident. It is common for the motor insurer to come back to you to acknowledge receipt of your claim and say they need more info off their policyholder. For this reason you should always give them reasonable time limits in your contact with them. Ask for acknowledgement of your claim in 5 working days, then updates every 21 days. If they aint keeping up with you then ONLY threaten legal action if you are willing to go through with it as it does not in any way scare an insurer. If you threaten and dont follow thru they will take it as a sign that you are unsure of your ground and will screw you! I know, I do it for a living!
If you wanna drop me some more info direct then feel free to do so, otherwise good luck.