Forced off the road by a red-light runner — can I go after THEM even though we never touched?

Oh man, this is almost exactly what happened to my cousin last year. Different setup but same idea — someone forced her off the road, no contact, and the police report made it sound like she just randomly crashed on her own. It was incredibly frustrating. She did end up working with a PI attorney and was able to go after the other driver. The dashcam footage was honestly the thing that made the whole case. Don't let anyone tell you "no contact = no case."

Not legal advice, but I'll say this: "no physical contact" does not automatically mean "no liability." Negligence law in most states focuses on whether someone's actions caused your damages — not whether bumpers touched. A driver who runs a red and forces you to take evasive action can absolutely be found legally responsible for the resulting crash. The dashcam footage you mentioned is significant. I'd strongly suggest at least a free consult with a personal injury attorney before you settle anything with insurance, because once you accept a settlement, that's usually it.

Please be careful with the adjuster. I've seen this play out where the insurance company uses the "no contact" thing as a reason to lowball or drag their feet. They may also try to frame it as a single-vehicle accident on your end, which shifts things in a bad direction for you. Don't sign or agree to anything until you've at least talked to someone who's on YOUR side, not theirs.

I used to work claims, and honestly the "witness only" label on the police report is going to be a sticking point with the other driver's insurer — if you even try to file against them directly. Their company is going to use that label to deny or minimize. That doesn't mean you're out of options, but you should know that going in. Your own insurer might handle it first through your collision or uninsured motorist coverage depending on your policy, and then subrogate against the at-fault driver. Ask your insurer specifically about subrogation and whether your UM coverage applies here. And again — dashcam is your best friend.

I just want to flag the medical side real quick — whiplash can feel manageable in the first couple weeks and then genuinely get worse before it gets better. Please don't skip follow-up care just because you're dealing with the insurance stress. Get imaging if your doctor suggests it, and keep records of every appointment, every symptom, every day you missed work. That documentation matters way more than people realize when it comes time to sort out what your injuries are actually worth.

A few practical things that might help you right now:

1. Get a copy of the full police report if you haven't already — not just the summary. Look at how the incident is described and whether the other driver's action is noted anywhere. 2. Write down everything you remember about the sequence of events while it's still fresh — timestamp it, even just an email to yourself. 3. Don't post about this on social media. Sounds obvious but it bites people constantly. 4. On your question about suing before or after the insurance claim — typically a PI attorney will advise you not to settle the insurance claim until you have a full picture of your medical situation, because you can't go back later. The legal and insurance tracks can run somewhat parallel, but timing matters.

Short version: yes, you can pursue the other driver. Get a PI lawyer before you settle anything. The dashcam saves you here. Don't wait too long — statutes of limitations are real and vary by state.

I'm so sorry this happened to you and your brother. The fact that you did the right thing — swerved to avoid a worse crash — and now you're the one left dealing with all of this while that driver just gets listed as a "witness" is genuinely infuriating. I hope you both heal up okay and that this gets resolved fairly. Sending good thoughts your way.