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The Shoulder
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bold-marten-174

Hit and run driver finally caught — now their insurer is lowballing me. What do I do?

So this whole thing has been a nightmare from start to finish. About four months ago I was stopped at a red light when someone slammed into the back of my SUV and just… took off. Like didn't even slow down. I was honestly in shock sitting there waiting for cops to arrive while this person was just gone.

Long story short, a witness got a partial plate and the police actually tracked the driver down about three weeks later. So at least there's that.

My SUV got declared a total loss — the whole rear end was caved in. And physically I've been dealing with pretty significant neck and upper back pain ever since. I've had multiple PT sessions, missed about a week and a half of work, and my doctor mentioned I might need further imaging if things don't improve.

Now the at-fault driver's insurance company has reached out with a settlement offer for my injuries. The number they threw out feels shockingly low given everything I've been through — the pain, the missed work, the ongoing treatment, the stress of not even knowing if the guy would ever be found.

I haven't signed anything. I told them I needed to think about it.

My questions for anyone who's been through something similar:

  • Is the first offer ever actually a fair one, or is it always a starting point?
  • Does the fact that it was a hit and run change anything legally?
  • Should I even be talking to their adjuster without a lawyer?

Feel free to be honest with you. I have no idea how any of this works and I'm just trying not to get taken advantage of here.

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8 replies

  • 16
    curious-wren-871

    Not legal advice, but a few things worth knowing: ongoing medical treatment, lost wages, and pain and suffering are all typically factored into injury settlements — and none of that can be fully calculated while you're still treating. Also, once you sign a release, that's generally it. No going back if symptoms worsen. Strongly suggest at least a free consultation with a PI attorney before you respond to the adjuster at all.

  • 9
    swift-crane-490

    I used to work on the claims side and I'll be straight with you: the first offer is calculated based on what they think they can get away with, not what your claim is actually worth. Adjusters have metrics and targets. When someone doesn't have a lawyer, the initial offer is almost always lower. That's just the reality of how it works internally. I'm not proud of it, but you deserve to know.

  • 9
    clear-vole-393

    As someone who works in healthcare, I want to flag something: neck and upper back injuries from rear-end collisions can be deceptive. They often feel manageable at first and then get significantly worse over weeks or months. If your doctor is already talking about further imaging, that's a sign your body hasn't finished telling you what's wrong. Please don't close out a settlement until you have a clearer medical picture.

  • 7
    swift-swift-180

    I just want to say I'm really sorry this happened to you. The hit-and-run part especially — that kind of violation on top of the physical pain is just awful. Please take care of yourself and don't let the insurance pressure rush you into anything. You have time to make a good decision here.

  • 6
    daring-heron-896

    That 'friendly adjuster' vibe is 100% a tactic. They're trained to call fast, sound sympathetic, and get you to settle before you fully understand the extent of your injuries. The fact that you're still in PT is a huge red flag — you don't even know yet what your total medical bills will be. Never settle while treatment is ongoing. Never.

    • 9
      silent-kestrel-532

      Stop talking to their adjuster. Right now. You're not legally required to negotiate directly with them, and everything you say can be used to minimize your claim. Get a free PI consult — most take these cases on contingency so there's no upfront cost — and let someone who knows the process handle the communication. You're already at a disadvantage going in without representation.

  • 4
    spry-vole-449

    Please do not accept that first offer. I went through something similar — rear-ended, the other driver's insurer called me within days acting super friendly and reasonable. I took their first number because I was stressed and just wanted it over. Six months later I was still in physical therapy and completely out of options because I'd already signed the release. First offers are almost never the real number.

    • 11
      careful-beaver-886

      The hit-and-run element can actually matter depending on your state. Some states have specific provisions around uninsured or underinsured motorist coverage that come into play even when the at-fault driver IS eventually identified. Also worth checking: does your own policy have any relevant coverages that could stack? A lot of people don't realize their own policy might offer additional protection in hit-and-run situations. Definitely something to ask about in a consult.