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Drunk driver hit my parked car, now his insurance wants to split the payout with someone else — is that legal??

I'm honestly so frustrated I don't even know where to start.

A few weeks ago someone drove into my car while it was sitting completely still in front of my house — stone cold parked, middle of the afternoon. Cops confirmed the other driver was impaired. Not my fault in any way, shape, or form.

Here's where it gets messy. When my car got hit, it got pushed forward and clipped my neighbor's SUV. So now the at-fault driver's insurance is saying they have to split their liability coverage between my claim AND my neighbor's claim. I had no idea that was even a thing. My car is worth more than what my share of the payout is coming out to be after the split — and we're not talking a small gap here.

I've been going back and forth with the adjuster for going on three months now and every time I call I get a different story. First they said my check was being processed, then they needed more documentation, now suddenly there's this whole split-payout situation I've never heard of before.

I want to go after the driver directly if I have to. I've called around to a few lawyers but honestly I can't figure out what kind of lawyer handles this. Some say they only do personal injury with bodily harm, not property damage. Others just don't call back.

Does anyone know what type of attorney actually takes cases like this? Or has anyone dealt with a split-liability situation and actually gotten a fair outcome? I feel like I'm getting completely railroaded and I don't even know who to call.

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9 replies

  • 12
    careful-raven-206

    Not legal advice, but a couple of things worth knowing: the at-fault driver's personal assets could potentially be pursued beyond his insurance limits if the coverage genuinely doesn't make you whole — that's a direct lawsuit against the individual. Whether that's worth it depends on what the driver actually has. Second, your state may have an insurance commissioner's office where you can file a complaint about unreasonable delays. Sometimes just filing that complaint speeds things up significantly.

  • 14
    tidy-seal-024

    For what it's worth, the type of attorney you're probably looking for is a personal injury attorney who handles property damage claims, sometimes called PI/PD attorneys. Some PI firms won't touch cases without bodily injury because the fees are lower, but there are firms that specialize in total-loss and property damage disputes. You can also look into whether your state allows you to recover attorney fees in cases against an insurer acting in bad faith — three months of runaround might actually qualify.

  • 6
    plain-heron-180

    Not my area of expertise at all, but I just want to say — three months of this kind of stress takes a real toll. Even if there's no physical injury, the anxiety of dealing with insurance limbo is exhausting. Don't let the process wear you down into accepting less than you deserve just to make it stop. You deserve a resolution that actually covers your loss.

    • 7
      careful-dove-384

      Quick question — do you have uninsured/underinsured motorist coverage on your own policy? A lot of people don't realize that their own UM/UIM coverage can sometimes step in to cover the gap when the at-fault driver's policy isn't enough, even in a property damage situation depending on the state. If you haven't already, it's worth a call to your own insurer to ask specifically about that.

  • 8
    brave-otter-724

    The split-payout thing happened to me too and I was FLOORED when the adjuster explained it. Basically if the at-fault driver doesn't have enough coverage, everyone who got damaged has to share whatever is there. It's infuriating but unfortunately real. I ended up finding a personal injury attorney who also handled property damage on the side — took some digging but they exist. Don't give up calling around.

  • 7
    cool-raven-551

    So the split you're describing is called pro-rata allocation when a policy limit isn't enough to cover all claimants. It's real and adjusters are trained to present it like it's totally normal and fair — and it IS legal — but that doesn't mean you're stuck accepting their math on what your car is worth. The valuation they use for your vehicle is absolutely negotiable. Get your own comparable listings and push back in writing. That's where you can actually recover some ground.

  • 11
    bright-otter-312

    Three months and multiple different stories from the adjuster? That's not confusion, that's a strategy. They run out the clock hoping you'll just accept whatever crumbs they offer. Stop being nice on those calls. Start everything in writing — email only — so there's a paper trail. And honestly, the second you mention you're talking to a lawyer, the whole tone changes.

  • 5
    quick-tern-030

    Here's the short version: get at least three independent appraisals of your vehicle's value, don't sign anything the insurance company sends you, and call every PI attorney you can find until one agrees to at least a free consultation. Some won't take it, but some will. The ones who do contingency work on property damage are out there — they're just harder to find because they're picky about cases. Your situation sounds solid enough that someone will want it.

    • 10
      careful-finch-236

      This is so unfair and I'm sorry you're going through it. You literally did nothing wrong — your car was parked — and now you're the one losing sleep over it. Please don't let them bully you into a lowball settlement. Talk to as many lawyers as you need to until you find one who gets it.