kind-stoat-2184/16/2026

At-fault driver's insurance dragging their feet — do I have to go through MY insurance to get moving?

So I got rear-ended at a red light about two weeks ago by someone who was, by every account, clearly at fault. Multiple witnesses, police report, the whole thing. The other driver's insurance has been giving me the runaround ever since — first they said they needed to 'review the claim,' now they're saying there's some dispute about the exact sequence of events. Meanwhile my truck is sitting in my driveway making a noise I don't trust, and I have to haul landscaping equipment for my job starting next week.

Here's where I'm confused:

I have rental coverage on my own policy. But my daily limit is pretty low — nowhere near enough to cover a full-size truck, which is what I actually need to do my work. If I go through my own insurance to get the rental process started, does that mean I'm also committing to repairing through them? And would I owe my deductible upfront even though this whole mess isn't my fault?

I don't want to be hundreds of dollars out of pocket AND waiting on reimbursement when I didn't cause this accident. But I also can't afford to sit on my hands while the other carrier plays games.

Has anyone navigated this situation before? Did you go through your own insurance first to get things moving, or did you wait out the other side? Did you end up eating the deductible temporarily or find another way around it? Any insight would be genuinely helpful right now — I feel like I'm going in circles trying to figure out my options.

8 replies

Most helpful first

patient-swift-1684/16/2026
I went through almost the exact same thing last year. What I learned the hard way: you CAN file through your own insurance to get repairs and a rental started without the other side accepting liability first. You'd likely owe your deductible upfront, BUT your insurance should go after the at-fault driver's carrier to recover it — that process is called subrogation. It took a few months but I got my deductible back. Not fun to front it, but it got me moving again.
- warm-dove-7194/18/2026
  The other driver's insurance is doing exactly what adjusters are trained to do — slow things down and create doubt. The longer they drag it out, the more desperate you get and the more likely you are to accept a lowball offer or make a misstep. Don't let them pressure you into anything. Document every single phone call — date, time, name of who you spoke to, what they said.
- humble-badger-8254/19/2026
  Not legal advice, but the scenario you're describing — a clear-liability rear-end with a carrier stalling — is pretty common. If they keep dragging their feet on accepting liability, you may have more leverage than you think, especially if you have a police report and witnesses. A lot of PI attorneys do free consults and can sometimes get carriers moving just by getting involved. Worth a call. The rental gap and lost work income are also typically recoverable damages, not just repair costs.
clear-owl-9304/18/2026
Former adjuster here. Using your own collision coverage to get repairs started does not mean you're giving up your claim against the at-fault driver's insurance. Your insurer pays your shop, you handle your deductible, and then your carrier has the right to pursue the at-fault carrier for everything — including getting your deductible back to you. The timeline on that recovery varies a lot but it's standard practice. The part that trips people up is the rental cap difference — your own policy won't typically cover what goes beyond your daily limit, so that gap is usually on you unless you successfully bill the at-fault carrier for it later.
silent-crow-1154/18/2026
One thing worth doing right now: send a written demand to the at-fault driver's insurance — email is fine — stating that you need a rental vehicle to perform your job duties, your vehicle is unsafe to drive, and you're holding them responsible for transportation costs exceeding your own policy limits. It creates a paper trail showing you put them on notice. It doesn't guarantee anything but it helps if this escalates.
- quick-seal-7834/21/2026
  This sounds so stressful, especially with your work depending on having the right vehicle. I really hope you get some resolution soon. Hang in there — you're clearly doing the right things by trying to understand your options instead of just panicking.
patient-grouse-4804/20/2026
Go through your own insurance. Yes, you'll front the deductible — it stings, I know — but you'll get your truck fixed and get back to work. Sitting around waiting on the at-fault carrier is costing you more in lost income than the deductible is. Get moving, document your out-of-pocket costs carefully, and chase reimbursement later. Don't let perfect be the enemy of done here.
keen-owl-3364/20/2026
You mentioned you're injured — please don't let the truck logistics overshadow getting yourself checked out if you haven't already. Adrenaline masks a lot in the first few days after a crash and symptoms can show up later. I've seen people focus entirely on the vehicle situation and then realize weeks later they've been pushing through something that needed treatment. Take care of yourself first.