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quick-elk-416

My insurer flipped my not-at-fault ruling to 'pending' after the other driver lied — what do I do?

So I'm pretty frustrated right now and could really use some perspective from people who've dealt with this.

About two weeks ago I was stopped at a red light when a pickup truck rolled into the back of my car. Not a huge crash, but definitely not a gentle tap either — he pushed me forward a few feet before stopping. I called the police, got a report filed, took a ton of photos, and reported everything to my insurance company that same evening.

Within 48 hours, my original adjuster sent me a written notification (email and text) saying I had been found not at fault. I felt relieved. That lasted exactly one day.

The next morning I got a message saying a different adjuster had taken over my file. I called him right away to ask about getting my car into a shop. Instead of helping me schedule repairs, he told me he'd reversed the not-at-fault determination and put the liability back to 'pending' — because the other driver apparently told a completely different story about what happened.

He basically implied I might share some blame, mentioned something vague about my visibility on the road, and said if he couldn't pin down who was at fault it would turn into a 'your word vs. theirs' situation where we'd each have to run it through our own policies. My state does allow shared fault, which makes me nervous.

Oh — and he told me all of this before asking if he could record my statement. That timing felt really off to me.

Has anyone else had a determination reversed like this after a rear-end collision? I have the police report, photos, and the original not-at-fault notification saved. Is any of that useful? Do I need to get a lawyer involved at this point or is this normal claims chaos?

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9 replies

  • 14
    bold-seal-927

    I don't want to be harsh but I'm curious — did the police report actually name the other driver as at fault, or did it just document the scene? And did you get any contact info for witnesses? Because 'pending' reversals sometimes happen when there genuinely isn't a clear paper trail beyond the two drivers' accounts. Not saying you're wrong, just wondering what hard evidence you actually have beyond your photos and the initial adjuster's call.

  • 16
    plain-swift-386

    This happened to me almost exactly. I was rear-ended at a stoplight, got the not-at-fault confirmation, then a new adjuster swooped in and suddenly everything was 'under review' because the other driver claimed I cut him off somehow. I had a dashcam that saved me — the footage made it impossible for them to argue. If you have ANY video, from your phone, a dashcam, or even a nearby traffic camera, start requesting it NOW before it gets overwritten.

    • 12
      clever-swan-713

      The fact that he laid all that 'you might be partially at fault' framing on you BEFORE asking for a recorded statement is a red flag in my opinion. That's a classic way to rattle you so that you second-guess yourself on the recording. They're building a file, and they want your recorded words to leave some wiggle room on liability. Be very careful about any future recorded statements — you're generally not obligated to give your own insurer a recorded statement beyond the basics, and definitely not a third-party insurer.

    • 16
      wise-owl-894

      Please don't let the insurance stress distract you from your body. Even 'low-speed' rear impacts can cause soft tissue injuries that don't show up for a few days — neck, upper back, shoulders. If anything feels off, go get checked out. Don't wait until you're settling the claim to realize you've been dealing with something that should have been documented medically from the start. Your health comes before the car repairs.

  • 8
    brave-newt-894

    I used to work in claims and I'll be honest with you — adjuster reassignments mid-investigation happen, but when a liability determination gets reversed that quickly it usually means someone flagged the file, either because the other driver's insurer pushed back or because there's a dollar threshold that triggered a second review. It doesn't mean you actually did anything wrong. Document every single phone call — date, time, who you spoke with, what was said. That log matters more than people realize if this escalates.

    • 11
      steady-otter-789

      Ugh, this sounds so stressful. You did everything right — called the cops, reported it fast, sent in all the info — and now they're making you feel like you did something wrong? That's so unfair. I hope you're keeping screenshots of those original notifications. Hang in there, you've got documentation on your side.

  • 13
    calm-heron-554

    A few practical things worth knowing: that written not-at-fault determination you received? Save it in multiple places — screenshot it, email it to yourself, print it. It may not be legally binding on its own, but it shows the insurer's initial assessment before any outside pressure changed things. Also, the police report is your backbone here. If the officer documented the other driver as the striking vehicle and noted no contributing action on your part, that's going to be really hard for an adjuster to argue around.

    • 5
      brave-sparrow-143

      Stop talking to that adjuster without notes in front of you. Before your next call, write down a clear, factual timeline of what happened — light was red, you were stopped, he hit you, pushed your car, here's what the officer documented. Stick to that. Don't let him get you into hypotheticals about whether you were 'easy to see' or whatever other angle he's working. Short answers, stick to the facts, and ask him to put any new decisions about liability in writing.

  • 10
    wise-elk-847

    Not legal advice, but rear-end collisions carry a pretty strong presumption of fault against the following driver in most states — the legal theory is that a driver is supposed to maintain a safe following distance at all times. The 'he-said-she-said' framing your adjuster used is a bit unusual when you're the one who got hit from behind. If they're seriously threatening to split liability, it might be worth at least a free consultation with a PI attorney to understand your options. Most won't charge you anything just to talk.