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clever-vole-646

Insurance flipped my not-at-fault determination overnight — is this normal??

So I'm really frustrated and honestly a little blindsided right now. I got rear-ended at a red light about two weeks ago by a pickup truck. Nobody went to the hospital, but my car has a pretty nasty crumple on the rear end. I called the police, got a report filed, exchanged info, the whole thing.

I filed a claim with my insurance the same day and uploaded everything — photos, the officer's report number, a written summary of what happened. Within like 48 hours, my adjuster sent me a written notification saying I had been found not at fault. I was relieved. I figured this was basically over.

Then literally the next morning I get a call from a completely different adjuster saying she's taking over my file. Before I could even ask about repair shops, she tells me the liability has been flipped back to pending because the other driver is disputing what happened. Her version of events sounds nothing like what actually occurred.

The new adjuster kind of implied that maybe I could share some responsibility — which makes zero sense because I was completely stopped. She also mentioned something about how if fault can't be "clearly established" I might have to run it through my own collision coverage and eat my deductible.

The weird part? She asked all of this before taking my recorded statement. Then at the end of the call she goes, "Can I record you real quick to get your side?"

Is it normal for them to flip a not-at-fault ruling this fast just because the other driver complained? Should I be worried? Has anyone been through this?

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9 replies

  • 14
    silent-mole-912

    I used to work in claims. Switching adjusters mid-case and flipping liability to 'pending' after the other party disputes is honestly pretty routine, even when the initial determination seemed solid. What's less routine is implying you might share fault when you were stopped at a light. That part would have raised my eyebrows even when I was on the inside. Push back in writing and ask them to specifically explain what evidence is causing the liability dispute.

    • 6
      gentle-dove-644

      Stop talking to both adjusters on the phone without notes in front of you. Every call — write down the date, time, who you spoke to, and a summary of what was said. If they flip your status again or try to assign you partial fault, you want a clear record of every conversation that led to that decision. Paper trails win disputes.

  • 15
    curious-wolf-142

    Not legal advice, but I'll say this: a prior not-at-fault determination from your own carrier isn't binding, and insurers can and do revise liability status when new information comes in — even if that 'new information' is just the other party calling to complain. What matters is documented evidence. If you have a police report showing the other driver struck your stopped vehicle from behind, that's significant. I'd stop giving any more statements, recorded or otherwise, until you've at least talked to someone who can look at your specific situation.

  • 2
    clever-beaver-847

    This happened to me almost exactly. I was found not at fault, then the other driver called in and suddenly everything was 'under review.' What finally helped me was getting a copy of the police report myself and sending it directly to my adjuster in writing — email, so there's a paper trail. Don't just rely on what you already submitted through the app or portal.

  • 8
    cool-swan-776

    Even if you feel fine right now, please get checked out by a doctor if you haven't already. Rear-end impacts can cause soft tissue stuff — neck, shoulders, lower back — that doesn't show up until days or even a week later. If you end up having symptoms and there's no medical visit close to the date of the accident, it becomes much harder to connect it to the crash. Just protect yourself.

  • 14
    daring-elk-451

    Did the police report specifically say who was at fault, or does it just document that an accident occurred? There's a difference. Also, were there any witnesses at the scene who gave statements? Those details matter a lot for how strong your position actually is here.

  • 7
    humble-owl-005

    Ugh, this is so stressful to read. You did everything right — called police, filed the report, submitted everything quickly — and now they're acting like you have something to prove. I'm sorry you're dealing with this. Definitely don't let them pressure you into accepting any blame just to make it go away faster.

  • 3
    silent-stoat-329

    Notice how she gathered all her questions and basically framed the situation before she took your recorded statement? That's not an accident. They sometimes do that to see how you respond to pressure first, then get the recording after you're already flustered. Be really careful about what you say on those recorded lines. Stick to only what you directly observed — no guessing, no filling in blanks.

    • 6
      mellow-mole-039

      A few things worth doing right now: (1) Request a copy of your full claim file in writing — you're entitled to it. (2) Get the police report directly from the department if you haven't already, not just the case number. (3) If there were any traffic cameras, dashcams, or nearby businesses with security footage near that intersection, flag it now — that stuff gets overwritten fast. Having objective evidence basically takes the 'he said/she said' argument off the table. Also, not legal advice, but a free consult with a PI attorney costs you nothing and they can tell you if the insurance company is playing games.