plain-dove-3065/18/2026

My insurance flip-flopped on fault TWICE then closed my claim — is this even legal?

I'm genuinely baffled and honestly a little angry, so bear with me.

About two months ago I was rear-ended at a stoplight by someone who clearly wasn't paying attention. Pretty straightforward, right? Wrong.

First my insurance called me within days and said the other driver was fully at fault. Great, I was relieved. They even started talking about next steps for my car and medical bills. Then — maybe ten days later — a different rep calls and says, actually, they're splitting fault 50/50 because the other driver claimed I "brake-checked" them. I have a dashcam. There is zero evidence of that. My camera footage clearly shows I was stopped for several seconds before impact.

I submitted the footage. Heard nothing for three weeks. Then I get a letter — not even a call — saying my claim is closed and the 50/50 split stands. No explanation of how they reviewed the footage. No acknowledgment that it even existed.

I've been dealing with lower back pain, missed four days of work, and my car's rear end still isn't right after the repair shop supposedly fixed it. The whole thing feels like they just wanted to cut their losses and move on.

Has anyone else had their insurance just... flip the script like this? Should I be pushing back harder on my own, or is this the kind of thing where I actually need someone in my corner? I don't even know where to start honestly.

9 replies

Most helpful first

daring-owl-9045/18/2026
This happened to me almost exactly. My insurer changed the fault determination after I'd already been told I was in the clear, and the explanation they gave made no sense. I ended up requesting a full written explanation of their decision — turns out they hadn't even properly reviewed the evidence I sent. Keep pushing. You have dashcam footage, that's huge.
- silent-sparrow-4285/18/2026
  The "different rep calls to change the story" move is SO common and it's not an accident. They rotate reps specifically so no single person is accountable for what was said before. And closing a claim by letter without even confirming they watched your footage? That's them hoping you just go away. Don't go away.
- genuine-dove-6415/18/2026
  Not legal advice, but the combination of factors here — documented injury, missed work, a fault determination that shifted without clear justification, and evidence that may not have been properly reviewed — is exactly the kind of situation where a free consultation with a PI attorney is worth your time. Most won't charge you anything upfront. You'd at least know where you stand. The dashcam footage is a real asset here.
humble-sparrow-9465/18/2026
I used to work claims and I'll be honest — closing a file without documenting how submitted evidence was reviewed is sloppy at best, bad faith at worst. You have every right to send a formal written request asking them to confirm they reviewed the dashcam footage and explain specifically how it factored into their decision. Put it in writing, keep a copy. That paper trail matters if this escalates.
sharp-marten-6285/18/2026
A couple of things worth knowing: most states require insurers to conduct a "reasonable investigation" before denying or adjusting a claim. If they closed your file without demonstrably reviewing your footage, that could be a violation of your state's fair claims practices rules. You can also file a complaint with your state's Department of Insurance — it's free, it's on record, and insurers genuinely don't love getting those. Not telling you what to do, just flagging that you have options beyond just arguing with your adjuster.
- brave-sparrow-2645/18/2026
  This sounds so exhausting on top of already dealing with back pain and missed work. I'm sorry you're going through it. The fact that they closed it with a letter after you went through the trouble of sending them video evidence is just cold. You deserve an actual explanation, not a form letter.
swift-hare-4465/18/2026
Please don't let the insurance drama distract you from your lower back. Rear-end injuries can look minor at first and then really flare up weeks later — soft tissue stuff especially. Make sure you're seeing a doctor and getting everything documented, even if it feels manageable right now. If you end up needing more treatment down the road, you want a clear medical record connecting it to the accident.
- genuine-badger-3455/18/2026
  Here's the short version: back up that dashcam footage in multiple places RIGHT NOW if you haven't already. Cloud, external drive, email it to yourself. That footage is your whole case and if something happens to it you're starting from zero. Everything else can be figured out — losing that footage cannot be undone.
bright-otter-0015/18/2026
Quick question — when you submitted the dashcam footage, how did you send it? Email with a read receipt, or just through their online portal? I ask because "we didn't receive it" or "the file was corrupted" is a common out for adjusters. Do you have any confirmation that they actually got it?