keen-stoat-3115/13/2026

Can I still file for my totaled car even though the other side already filed against me?

This whole situation has been a mess and I'm honestly just tired of dealing with it, but I don't want to walk away with nothing for my car.

Here's the short version: I got hit at an intersection about a year and a half ago. I was going straight on what was still a valid light, the other driver cut across to turn and nailed me. My car got wrecked — not repairable, total loss. The other driver's story shifted between what they told the responding officer and what came out later during the claims process. Convenient, right?

Since then, both people in the other car filed medical claims against my insurance. One of those got resolved, the other is apparently still grinding through. I've been so focused on watching those play out (and honestly stressing about my rates) that I never really pushed forward on getting compensated for my own vehicle.

I wasn't hurt badly enough to go down the medical claim road, but my car is just... gone. I've been driving a borrowed vehicle this whole time which is its own nightmare.

So my actual question: is it too late for me to file a property damage claim for my totaled car? Does the fact that the other side already has active claims against me complicate things? And does the statute of limitations for property damage work differently than for personal injury?

I live in a state with a fault-based insurance system if that matters. I'm not trying to get rich, I just want to not be out a whole vehicle. Any insight from people who've been through something similar would be really appreciated. 🙏

9 replies

Most helpful first

sharp-vole-2465/13/2026
I was in almost this exact spot — other driver's passengers filed medical claims while I was sitting there with a wrecked car and no answers. What I learned (too slowly) is that your property damage claim is completely separate from any medical claims. You can pursue yours even while theirs are still open. I waited way too long and it made everything harder. Don't sit on this.
- curious-seal-8235/13/2026
  A couple of practical things worth knowing here:
  
  1. Pull the police report if you don't already have a copy. Any inconsistency in the other driver's account of the light is documented evidence that matters for a fault dispute. 2. If the other driver's insurance accepted any liability at all for the medical claims, that can sometimes be useful context when you file your PD claim — it's not a guarantee but it's not nothing either. 3. Check your own policy too. Some policies have uninsured/underinsured provisions that might apply even in an at-fault-other-party situation depending on how things were classified.
curious-tern-8655/13/2026
Not legal advice, but this is worth knowing: property damage claims generally have their own statute of limitations, and in many states it's actually shorter than you'd expect — sometimes two to three years, sometimes less depending on how the claim is framed. The fact that the other parties filed medical claims against you doesn't waive your right to file for your own property loss. I'd seriously encourage you to at least consult with someone before that window closes, if it hasn't already. Time is the one thing you can't get back in these situations.
- clever-raven-0685/13/2026
  Here's what nobody tells you: the other driver's insurance company is absolutely aware you haven't filed a property claim yet, and they are not going to remind you. They are quietly hoping you forget or give up. Don't let them off the hook. File something — even a formal written notice of intent — just to get on record that you're not abandoning your claim.
- spry-kestrel-7745/13/2026
  I'm so sorry you've been carrying this for a year and a half while also stressing about the claims against you. That sounds exhausting. I really hope you're able to get something back for your car — you shouldn't just be left holding the bag when someone else caused the accident. Rooting for you.
daring-lynx-2185/13/2026
Worked claims for years. Property damage and bodily injury are handled by completely separate departments and separate claim numbers internally. One side having an open BI claim has zero bearing on your PD claim procedurally — they don't talk to each other the way people assume. Your bigger risk is delay. Once adjusters see a long gap between the accident and a new claim, they get skeptical and start asking a lot of questions. Have your documentation ready: police report, any photos from the scene, repair or total-loss estimates if you got them, all of it.
bold-dove-0185/13/2026
I know you said you weren't hurt badly enough to file medically, but please just make sure you've actually seen someone if you had any symptoms after — even stuff that felt minor. Soft tissue issues especially have a way of showing up weeks or months later and people kick themselves for not having documentation. Just wanted to throw that out there since you mentioned not pursuing medical. Your car matters, but so does your body.
- candid-badger-5705/13/2026
  Stop waiting. Seriously. Every day you don't move on this is a day closer to a deadline you might not even know about. Look up the property damage statute of limitations for your state tonight, and contact a PI attorney this week — most do free consultations. You don't need to be injured to have a valid claim worth pursuing.
clear-lynx-7495/13/2026
Quick question — did your own insurance company open a subrogation claim on your behalf for the vehicle? Sometimes your insurer will pursue the at-fault driver's insurance for the property damage themselves, especially if they already paid out your comp or collision coverage. Do you know if that happened or if you paid out of pocket for a replacement? That changes the picture a bit.