At-fault driver ran a red light into me — insurer says I'm 25% responsible?? How??

That 25% thing is a classic opening move. They throw a partial-fault claim at you hoping you'll just accept it and settle cheaper. You have a green light, a police report, AND camera footage? They're fishing. Don't negotiate with yourself — don't counter with 10% or anything like that. Push back hard on the liability finding first before anything else gets discussed.

I used to work on the claims side and I'll be straight with you: that "evasive action" language is something adjusters are sometimes coached to use when they want to chip away at liability. It almost never holds up when there's objective evidence like a traffic camera. The moment you mentioned you have footage, that should have ended the comparative fault argument. If they're still pushing it, they're hoping you don't know how strong your position is.

A few practical things worth knowing: first, preserve absolutely everything — that camera footage especially. Make sure it's saved somewhere safe and backed up. Second, the police report naming the other driver is significant but insurers aren't technically bound by it; it's still very persuasive though. Third, if your state uses a "contributory" or "comparative" fault system, it affects how that 25% number would even matter if this went further. Might be worth a free consult with a different attorney just to understand where you stand — a lot of PI lawyers do free case reviews with no commitment.

Almost the exact same thing happened to me at a four-way stop — other driver blew it, hit me, and their insurance tried to say I "entered the intersection without confirming it was clear." I was so frustrated. I ended up getting a second attorney and it made a huge difference just having someone who actually responded to my messages. Don't give up on finding representation just because the first one was a bad fit.

Please don't let the insurance stress make you skip PT or push through pain to seem "fine." Whiplash and shoulder injuries are notorious for feeling manageable one week and flaring badly the next. Keep every appointment, follow your provider's recommendations, and make sure everything is documented in your medical record. That documentation matters a lot down the line, and your recovery matters more than moving this claim along quickly.

Not legal advice, but from a legal standpoint, what you're describing — a documented red-light violation with camera evidence and a corroborating police report — is about as strong a liability picture as you can have. The "evasive action" argument is a stretch at best. I'd strongly suggest at least a free consultation with a personal injury attorney before you respond further to the adjuster. Some things said during adjuster calls can complicate things later.

I'm so sorry you're dealing with all of this while you're still hurt and have a little one to take care of. The fact that you're fighting back and didn't just accept what they offered says a lot. You've clearly done everything right — documenting, getting the footage, the witnesses. I really hope you get someone in your corner soon who actually treats your case like it matters.

One thing I'd want to understand better — did you get any kind of written explanation from the insurer about why they're assigning you 25%? Like an actual breakdown, not just a verbal claim over the phone? Because if it's just something an adjuster said without anything in writing, that's very different from them having formally made that determination. Worth getting it in writing so you know exactly what you're pushing back against.