the only real way out.. and to cause i a huge delay ( could be needed so that you tick over into you next insurance year where you can protect no claims ) is to say that when she stepped out of the car she was on her mobile.. and state that you believe she was on the phone.. they will have to do checks.. and if it works out she was its not you fault & you can claim on her, this also applies for if at any time in her journey she is found to be on the mobile.. its her fault!
I like this idea lol. If i do go down the route of settling outside insurance I will definitely make sure i get documents signed saying this is a full settlement and can't be revisited etc.