Other driver is flat-out LYING and insurance split it 50/50 — what do I do?
I'm so frustrated I can barely type this out. My son was rear-ended at a red light about three weeks ago. His car had to be towed from the scene, he's been dealing with neck and back pain since, and now his insurance is telling him he's half at fault. For being rear-ended. At a red light.
Here's the kicker — the other driver is telling his insurance company the whole thing never happened. Like, what? My son has:
- A dashcam clip that clearly shows the impact
- Photos of the damage to both cars taken right at the scene
- A timestamped text he sent me literally minutes after it happened describing everything
- The other guy's info (got it before they drove off)
Because the two drivers gave conflicting statements, his insurer apparently just... split the fault down the middle. Now he's looking at his deductible coming out of his pocket AND his rates going up. He's a young guy, his premiums are already painful.
Has anyone actually fought a 50/50 ruling and won? His adjuster seems totally unmoved by the dashcam footage, which honestly makes no sense to me. Do we go above the adjuster's head? File a complaint somewhere? Get a lawyer involved?
Any advice from people who've actually been through this would mean a lot right now. We're not going to just roll over and accept this.