wise-elk-5651d ago

At-fault driver's insurer says I'm 30% responsible — I was literally parked at a red light??

Still fuming about this so bear with me.

About six weeks ago I was sitting at a red light — completely stopped, foot on the brake — when a teenager in a pickup ran into the back of my sedan hard enough to push me into the intersection. The kid's parent was nowhere in the car. Police showed up, the kid admitted right there on the scene that he looked down at his phone, and he got cited for distracted driving and failure to maintain lane.

Fast forward to dealing with his parents' insurance and suddenly I am partially to blame. Their adjuster keeps hinting that my brake lights "may not have been clearly visible" and that I could have "taken evasive action." I WAS STATIONARY. There is zero evasive action you take when you're at a red light.

They're offering to cover 70% of my damages. My car has frame damage — it's likely a total loss — and I've got a referral to an orthopedic specialist for neck and shoulder pain that started two days after the crash.

I've read that threatening a complaint with the state insurance commissioner sometimes lights a fire under these adjusters. Has anyone actually done that? Did it work? And should I just stop talking to their adjuster altogether at this point?

I have dashcam footage of the whole thing and recordings of two of the calls (I checked — my state allows single-party consent). Feeling like those might be my biggest cards to play here.

Any advice from people who've been through this would be huge right now.

10 replies

Most helpful first

daring-heron-6751d ago
Oh man, almost the exact same thing happened to me — rear-ended at a dead stop and the other insurer tried to say I was 25% at fault for being in the "wrong lane." I filed the commissioner complaint and within 48 hours the adjuster called back with a completely different attitude. Do it. Don't threaten, just file it.
- hearty-heron-1661d ago
  Former claims adjuster here. That 70/30 split is a lowball negotiating opener — they're testing whether you'll just take it and go away. The 'brake lights not visible' angle is a classic stall tactic adjusters use when the facts are clearly against them. Your dashcam footage is gold. The moment you mention you have timestamped video showing you were stationary, that argument evaporates. Don't share the footage with them yet without thinking through how you want to present it.
tidy-bison-3801d ago
Stop talking to their adjuster as much as possible. Every conversation is a chance for them to get you to say something they can twist later. You mentioned you have recordings — good. Keep recording everything going forward and be really careful with your word choice. They are NOT on your side.
- calm-owl-3081d ago
  The commissioner complaint route is legit and doesn't cost you anything. Most states require insurers to handle claims in 'good faith,' and arguing comparative fault against someone sitting at a red light with dashcam evidence to the contrary could be considered bad faith handling. That's the language worth using if you write the complaint. Also, given you have an ortho referral in play, you really want to wait until you know the full extent of your injuries before settling anything on the bodily injury side.
daring-sparrow-4591d ago
Please don't brush off that neck and shoulder pain. Symptoms from whiplash-type injuries often don't peak until days or even a week or two after the impact — which is exactly what you're describing. Make sure every appointment is documented, follow through with the orthopedic referral, and don't let anyone pressure you into settling the injury portion before you have a clear picture of what you're dealing with.
- kind-badger-6611d ago
  This makes me so angry on your behalf. You did everything right and now you're being made to feel like it's somehow your fault? Please don't let them wear you down. The commissioner complaint sounds like exactly the right move. Rooting for you.
cool-stoat-6521d ago
Not legal advice, but what you're describing — a fully stationary vehicle struck by a distracted, at-fault driver who received a citation — is about as clean a liability picture as it gets. The 30% comparative fault assignment on those facts is aggressive and, frankly, hard to defend. If your car is a total loss and you have documented injuries, this is probably worth at least a free consultation with a PI attorney before you negotiate further. Most don't charge for the initial call.
bright-crow-4981d ago
Two things: send them a written notice (email is fine) that you dispute the liability split and state exactly why — you were stopped, there is dashcam footage, and the driver received a citation. Put it in writing so there's a paper trail. Second, file the commissioner complaint now. You've already warned them. Waiting just gives them more time to slow-roll you.
brave-grouse-9101d ago
Quick question — did the police report actually list the other driver as 100% at fault, or just note the citation? And does your dashcam footage clearly show your brake lights were on before impact? Those two things together would basically kill their argument, but I'd want to know how airtight the footage actually is before leaning on it too hard.
warm-finch-7191d ago
You're honestly in a better position than most people in this situation — dashcam footage, a police citation on the other driver, and you thought to record the calls. A lot of people have nothing but their word. That paper trail matters more than people realize. Hang in there.