hearty-crane-0965/15/2026

At-fault driver's insurance denying liability even though dashcam + police report prove otherwise — help?

I'm so frustrated I could scream. About six weeks ago I was sitting completely still in a line of traffic on a surface street — engine barely running, waiting for the light — when a chain-reaction crash behind me turned into me getting sandwiched. The officer who responded literally wrote in the report that the rear driver (let's call them Driver C) triggered the whole thing. I also have my dashcam footage, which is pretty unambiguous.

My car is a total loss. Driver C carries their own insurer, and that insurer is flatly denying any fault. Like, zero acknowledgment. My own insurer has been decent so far — they confirmed I didn't do anything wrong and that the driver directly behind me isn't at fault either — but now they're nudging me toward just filing under my own collision coverage, paying my deductible, and signing over the title of my totaled car.

I'm not against using my own coverage if that's genuinely the right move, but something feels off about handing over my title before this is actually resolved. And honestly, my deductible isn't small — it would sting.

I've already sent Driver C's insurer a copy of the police report and a clip of the dashcam footage. Their adjuster just keeps saying they're "still investigating."

A few things I'm unsure about:

Is going through my own collision coverage now going to somehow hurt my ability to get reimbursed later?
Will my insurer actually subrogate against Driver C's insurer, and how hard will they fight?
At what point does it make sense to get a PI attorney involved when it's only property damage so far (no injury claim yet)?

Any experience with this kind of runaround would really help right now. Thank you.

8 replies

Most helpful first

humble-fox-8595/15/2026
I went through almost the exact same thing last year — clear fault on the other driver, their insurer stonewalling for weeks. What I eventually learned is that the 'still investigating' line is basically a stall tactic to see if you'll give up. I ended up going through my own collision coverage just to get my car situation resolved, and my insurer did pursue subrogation. It took a few months but I got my deductible back. Not saying it always works out, but it's not necessarily a dead end.
candid-vole-3495/15/2026
Please do NOT sign over that title until you fully understand what you're agreeing to. Once you sign it over and accept a settlement check, that can be used to argue you've closed the claim. Read every single piece of paper before you put pen to anything. The other insurer is betting you'll get frustrated and just go away — don't give them that.
candid-otter-4485/15/2026
Former adjuster here. When an insurer says they're 'still investigating' after you've already handed them a police report and video, what's really happening internally is usually one of two things: they're waiting on a recorded statement from their own insured, or they've already decided to deny and they're just running out the clock hoping you'll settle cheap through your own carrier. Your dashcam footage is genuinely powerful — if you haven't sent the actual full clip (not just a screenshot), do that in writing with a certified letter so there's a paper trail.
- bright-elk-2015/15/2026
  This sounds exhausting on top of already dealing with a totaled car. I'm sorry you're going through this. Rooting for you to get it resolved — please keep us posted.
hearty-lynx-8225/15/2026
A few process things worth knowing: if you go through your own collision coverage, your insurer typically has the right to subrogate — meaning they pursue the at-fault party's insurer to recover what they paid out, including your deductible. That said, how aggressively they do that varies a lot by company and how much money is involved. It's worth asking your insurer directly, in writing, whether they will pursue subrogation and what that process looks like. Get it in writing if you can.
- quick-dove-2365/15/2026
  Not legal advice, but for pure property damage claims a lot of PI attorneys won't take these on contingency since the fee math usually doesn't work. That said, a free consult is still worth it — some attorneys will write a demand letter for a flat fee, and that alone can shake loose a denial faster than anything else you can do. The moment a lawyer's name is on a letter, adjusters tend to treat the file differently.
cool-dove-7985/15/2026
Honestly? Go through your own collision now. Get your car situation sorted so you're not stuck without transportation while this drags on. Make sure your insurer knows you expect them to subrogate and get your deductible back. Then talk to a lawyer about the injury side — 'no injury claim yet' is doing a lot of work in your post. If your body is feeling anything at all, don't wait too long.
bright-badger-6625/15/2026
You said 'no injury claim yet' and I want to gently flag that. Adrenaline after a crash is real, and a lot of people feel fine for days before symptoms show up — neck stiffness, headaches, back soreness. Please don't just push through it. See a doctor even for a baseline visit and make sure everything is documented. It matters more than you think if anything develops later.