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Insurancepatient-marten-581

Hit by a drunk driver, now somehow I'm 'at fault' on my insurance record??

I genuinely don't know where to start with this because it's been one of the most infuriating experiences of my life.

Back in the spring, some guy ran a red light and sideswiped my car. He was cited at the scene — breathalyzer, the whole thing. I have a copy of the police report clearly showing he was at fault. Open and shut, right?

Fast forward to now. I've been shopping around for better insurance rates (unrelated reasons) and two different quote sites are flagging me as having an at-fault incident on my record. I called my current insurer and they were completely evasive. Kept transferring me. Finally someone said the other driver's insurer "disputed liability" and apparently my own company just... accepted that? Without telling me?

On top of that, the repair shop my insurer "recommended" did work I never formally authorized. I asked for an estimate. I never signed a repair order. Somehow a check got cut and the car got partially fixed, and now there's a claim on my record like I initiated all of this.

My rates on new quotes are coming back noticeably higher. This is affecting my real life.

I have the police report. I have photos from the scene. I have texts with my adjuster where I explicitly said I hadn't approved repairs yet.

Does anyone know:

  • Can I dispute the at-fault designation with my state's insurance commissioner?
  • Is what the repair shop / insurer did here even legal?
  • Could this rise to the level of actual fraud or just "shady but legal"?

I'm so tired. Any guidance from people who've been through something similar would mean a lot right now.

13replies

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13 replies

  • 11
    hearty-swan-567

    Oh man, this is almost exactly what happened to me two years ago. The other driver's insurer threw up a liability dispute even though she had a citation. My own company just rolled over and split fault 50/50 without even calling me first. I had NO idea until I tried to refinance my car and saw my insurance score had tanked. You are not alone in this, and it is absolutely worth fighting.

    • 24
      gentle-tern-575

      A few practical things worth knowing: every state has an insurance commissioner (or equivalent) that handles consumer complaints, and filing one is free. Insurers take those seriously because they're regulated. Also look into your right to request your full claim file — in most states you're entitled to it. That file should show exactly what happened with the liability determination and who signed off. Once you have it, you'll know what you're actually fighting.

      Also worth checking: was your insurer supposed to subrogate (pursue the other driver's insurer on your behalf)? If there's a clear police report, they should have.

    • 9
      gentle-survivor809

      Really glad you posted an update — gives the rest of us some hope.

  • 14
    bold-beaver-574

    This is a classic pressure tactic. Insurers — including sometimes your own — have a financial incentive to close claims cheap and fast. If the other side disputes, some adjusters just arbitrarily split liability rather than go to arbitration. It saves them time and money. You end up holding the bag. Don't assume your insurer is on your side just because you pay them premiums.

    • 20
      keen-wren-045

      I spent six years working claims and I'll tell you straight: what you're describing with the repair shop isn't unusual, but it's sloppy at best and problematic at worst. Adjusters sometimes cut checks directly to preferred shops after an estimate thinking the customer will just go along with it. If you never signed an authorization for work, that shop had no right to proceed. Document everything — your texts, emails, any voicemails. That paper trail is gold.

      On the at-fault flag: file a formal written dispute with your insurer. Use the words 'formal written dispute' so it creates a paper trail they have to respond to. Then yes, absolutely contact your state insurance commissioner. That's exactly what that office exists for.

  • 19
    careful-elk-794

    Not legal advice, but — what you're describing potentially touches a few different issues: unauthorized repair authorization, a disputed liability determination that may not reflect the actual record, and downstream rate impacts. Those aren't all the same problem and they may need to be addressed separately. If your state has a bad faith insurance statute (many do), an insurer accepting a liability dispute against clear evidence without notifying you could be relevant. Worth at least a free consult with a PI or insurance bad faith attorney to understand your options. Most won't charge just to talk.

  • 9
    brave-elk-454

    Just want to check in — were you physically okay after the sideswipe? Sometimes people are so focused on the car and the insurance mess that they push through pain they shouldn't ignore. Soft tissue stuff from impacts can show up weeks later. Make sure you've actually been seen if there's any soreness, stiffness, or headaches lingering. Don't let the bureaucratic nightmare distract you from taking care of yourself too.

    • 6
      weary-optimist580

      That lines up with what my adjuster told me too.

  • 16
    kind-sparrow-902

    Three things, in order: 1) Send a certified letter to your insurer formally disputing the at-fault designation and demanding a written explanation of how they determined liability. 2) File a complaint with your state insurance commissioner — takes 20 minutes online, costs nothing. 3) Call the repair shop and get in writing what authorization they claim to have received. Do all three this week, not eventually.

  • 17
    clever-marmot-611

    Quick question — when you say you 'never formally authorized' repairs, did you sign anything at the shop at all, even intake paperwork? And did you give the shop your insurer's info directly or did the adjuster handle that handoff? Asking because sometimes people sign something at drop-off that functions as a blanket repair auth without realizing it. Not saying that's what happened, just that it matters for how you frame the dispute.

    • 7
      hopeful-dreamer883

      That lines up with what my adjuster told me too.

  • 11
    warm-dove-811

    The fact that you have a police report, scene photos, AND texts with your adjuster showing you hadn't approved anything yet is honestly a really strong position to be in. A lot of people in this situation have nothing in writing. You have receipts. That's the thing that makes these disputes winnable.

  • 15
    bold-newt-324

    This sounds absolutely exhausting and I'm so sorry you're dealing with it. You did everything right — you reported it, you cooperated, you kept documentation — and somehow you're the one getting punished. Please don't let them wear you down. Keep pushing.