spry-owl-7435/10/2026

My car was totaled while I was at work — parked, not even moving. Now what?

I don't even know where to start with this. I parked my car in the lot outside my office like I do every single day. Came out at lunch and found the whole driver's side caved in. Turns out some guy lost control, jumped the curb, and took out my car plus two others before stopping.

There were witnesses, cops came, I got a copy of the report, and I have the other driver's plate and insurance info that the officer wrote down. So far so good, right?

Here's where it gets frustrating. I called the other driver's insurance to open a claim and they were polite but basically told me they couldn't confirm anything about the policy or whether the driver is even covered. Just kept saying "we're looking into it" and "we'll be in touch." That was over two weeks ago. Nothing.

I called my own insurance thinking they'd just handle it and go after the other guy themselves. They said sure, they can open a claim — but I'd have to pay my collision deductible upfront. Which, why?? I wasn't even IN the car. I was eating a sandwich at my desk.

I don't want to pay a deductible for something that was 100% not my fault. But I also need my car fixed and I've been renting out of pocket in the meantime.

Has anyone dealt with this kind of limbo before? Do I just bite the bullet and go through my own insurance and hope they recover the deductible later? Or keep pushing the at-fault driver's insurer? I feel like I'm being punished for someone else's bad driving.

8 replies

Most helpful first

silent-kestrel-7245/10/2026
Ugh this is almost exactly what happened to me last year. Someone rear-ended my car while it was sitting in front of my house overnight. The at-fault driver's insurance stalled for almost a month before they finally accepted liability. It's infuriating but unfortunately pretty common. I ended up going through my own insurance just to get the ball rolling, and they did eventually recover the deductible through a process called subrogation — took a few months but I got it back. Not ideal but it got my car fixed faster.
- keen-stoat-0935/10/2026
  I used to work claims and I'll tell you what's likely happening — the other driver may not have reported the accident to their own insurer yet, or the adjuster is waiting on a recorded statement from their insured before accepting liability. That's why they're giving you the runaround. Your best move is to send a formal demand letter to the at-fault insurer in writing, referencing the police report number. Once it's in writing they have regulatory deadlines they have to follow in most states. Also — file a complaint with your state's Department of Insurance if they keep ghosting you. That lights a fire under them fast.
- humble-swift-7545/10/2026
  Just to clarify the deductible thing — when you go through your own collision coverage, yes, you typically pay your deductible upfront. BUT if your insurer successfully recovers money from the at-fault party (subrogation), they're supposed to reimburse your deductible. The catch is it's not instant and it's not guaranteed if the other driver is uninsured or underinsured. Still, going through your own carrier is often the faster path to actually getting your car fixed while the liability question sorts itself out.
quiet-mole-0115/10/2026
The other driver's insurance is stonewalling you on purpose. They do this to see if you'll get frustrated and just go away or make a mistake. Don't give them a recorded statement, don't accept any quick offer, and document every single call — date, time, who you spoke to, what they said. Keep pressure on them in writing if you can. Email creates a paper trail that phone calls don't.
quiet-vole-9975/10/2026
File through your own insurance today. Stop waiting. You're burning rental money every day this drags out and the other insurer has zero incentive to move fast while you're in limbo. Your insurer will fight to get their money back and yours along with it. It's not perfect but it's the practical move.
clever-badger-0665/10/2026
Were you checked out medically after this? Even if you weren't in the car, I'd just flag — if you've had any tension headaches, neck stiffness, or stress-related symptoms from all this hassle, document them. Probably nothing, but stress after an accident is real and worth noting if anything develops.
humble-marten-9375/10/2026
Not legal advice, but I'd suggest consulting a PI attorney before you give any recorded statement to either insurer. Most do free consultations for situations exactly like this. If the at-fault driver's insurer is dragging their feet on a clear-liability parked-car situation, an attorney's letter sometimes moves things along faster than anything else you can do on your own.
quiet-wolf-1375/10/2026
This is so unfair and I'm sorry you're dealing with it. You literally did nothing wrong and now you're running around making calls and paying out of pocket. I hope it gets resolved fast — sending you patience because clearly you need a ton of it right now 😤