Adjuster just told me I'm 25% at fault for a crash — feels completely made up?

Oh wow this is almost exactly what happened to me after a similar situation. The adjuster threw out a fault percentage like it was a fact, but honestly it's more of an opening position. I pushed back and provided my dashcam footage and suddenly the number changed. Do you have any video, even from a nearby business's security camera?

This is a classic adjuster tactic. They float a fault percentage early — before you've even finished treating — hoping you'll just accept it and take a lower payout. The whole point is to reduce what they owe you. Do NOT agree to anything over the phone and definitely don't let them record a statement without thinking it through first.

I used to work in claims and I'll be straight with you: that fault determination at this stage is basically a first draft. Adjusters are trained to assign some percentage to the claimant early in the process. It's not set in stone. The witness statement you mentioned? Get that in writing as fast as possible. A signed account from someone who saw the other driver on their phone could completely flip that number.

To answer your question — yes, fault percentage absolutely affects your recovery in most states. If you're in a state that uses comparative negligence, being found 25% at fault means your payout gets reduced by that amount. But here's the thing: that determination isn't final just because an adjuster said so. You can dispute it with evidence, and if it goes further, a jury ultimately decides. Getting a free consult with a PI attorney sooner rather than later would help you understand your specific state's rules.

Please don't put off the medical stuff while you're dealing with the insurance drama. Neck and shoulder injuries after a rear-end collision can seem manageable at first and then get significantly worse over the following weeks. Get evaluated now so everything is documented from the start — gaps in medical care can actually be used against you later.

Not legal advice, but this situation is exactly why people consult PI attorneys before settling anything. The fault percentage an adjuster assigns early in a claim is not a legal ruling — it's a negotiating starting point. With a witness and no counter-evidence supporting their 25% claim, there may be real room to push back. Most PI attorneys do free consultations and work on contingency, so it costs nothing to get a second opinion on where you actually stand.

This sounds so stressful, especially when you're already dealing with being hurt. Please don't try to handle all of this alone. You shouldn't have to become an insurance expert overnight just because someone hit you.

Stop talking to the adjuster until you know your rights. Seriously. Every casual conversation is a chance for something you say to be used to justify that 25%. Get the witness info locked down, see a doctor today, and at minimum do a free lawyer consult before your next call with the insurance company.

A few things I'd want to know more about: Was this a private parking lot entrance or a public road? Did you signal before slowing? Is the witness someone you know or a total stranger? Those details actually matter quite a bit for how strong your pushback is going to be.