steady-dove-8005/18/2026

Other driver's insurance is blaming me 15% for an accident that was 100% not my fault??

I'm genuinely baffled and kind of furious right now so bear with me.

About six weeks ago I was driving through a green light on a pretty busy four-lane road. I was already through most of the intersection when someone blew straight through the cross street — no slowing down, nothing — and hit me hard on the passenger side. Airbags went off, car got towed, I ended up in urgent care with a messed-up shoulder and some rib bruising.

There were two people who saw the whole thing and gave statements to the responding officer. The other driver admitted to the cop that he "didn't see the light change." The police report came back clearly placing fault on him.

My own insurance reviewed everything and told me the other driver is 100% at fault. Cool, at least that part felt sane.

But THEN I get a letter from the other driver's insurance saying they're holding me 15% at fault for — and I'm quoting here — "failure to adequately observe potential cross-traffic hazards prior to entering the intersection."

Like... I had a green light. Am I supposed to stop and scan every approaching car from half a mile away before proceeding?

A few things I'm wondering:

Is this just a standard lowball tactic they use on everyone, or does this actually have teeth?
Does the police report carry any real weight in pushing back on this, or can they just ignore it?
My own insurance seems to be in my corner — can they fight this on my behalf?

I've never dealt with anything like this before and my shoulder is still wrecked so the last thing I want is to be stressed out by insurance games on top of physical therapy. Anyone been through something similar?

9 replies

Most helpful first

keen-heron-8635/18/2026
Oh this is such a classic move. They do this ALL the time — throw a small percentage of fault on you before you've even lawyered up, hoping you'll just accept it and move on. It chips away at any payout they'd owe you. Don't respond to that letter agreeing to anything, and honestly don't say much to them at all without some kind of representation.
- hearty-dove-3075/18/2026
  I used to work claims and I'll tell you straight — that "failure to observe cross-traffic" language gets copy-pasted into denial letters constantly. It's a pressure tactic. The adjuster probably hasn't even read the police report yet or is banking on you not pushing back. The moment you escalate, especially with a clear police report and witness statements, that 15% number often disappears or drops. Don't take it as the final word.
keen-wren-9435/18/2026
Almost exact same thing happened to me a couple years ago. Guy ran a stop sign, hit me, and his insurance tried to say I was partly at fault for not honking or swerving. I was so confused. Once I got an attorney involved the whole story changed fast. Hang in there.
wise-wolf-3755/18/2026
The police report isn't automatically binding on insurance companies — they do their own liability determinations — but it carries serious weight, especially with witness statements attached. If the letter was sent before the report was finalized, you or your rep can absolutely write back, reference the report and witness accounts, and request they re-evaluate. Keep a copy of everything. Also check whether your state is a comparative fault state and what threshold applies — that affects how much a small fault percentage actually matters.
wise-wren-3725/18/2026
Not legal advice, but this pattern — assigning a small fault percentage to an obviously not-at-fault driver — is something PI attorneys see constantly. The good news is that with a police report and independent witnesses, you're in a stronger position than most. A lot of attorneys will review a situation like this for free and can send a letter that tends to get more traction than a claimant calling on their own. Worth at least a consultation before you respond to anything.
curious-raven-9895/18/2026
Please make sure you're documenting every single medical appointment, every symptom, every day you can't do something because of your shoulder. Rib and shoulder injuries from side impacts can linger way longer than people expect, and gaps in your medical records can be used against you later. Also don't rush back to normal activity just to prove you're fine — let your body actually heal.
mellow-newt-8435/18/2026
I'm so sorry you're dealing with this on top of recovering. You had the green light and witnesses. This just feels so wrong. I hope you have someone helping you navigate all of this — it sounds overwhelming.
sharp-grouse-0845/18/2026
Stop talking to the other driver's insurance. Like, today. You have no obligation to negotiate with them directly. Let your own insurance handle communications or get a PI attorney. The second you start going back and forth with their adjuster without representation you're probably making your situation worse.
swift-crane-8905/18/2026
Quick question — did you give a recorded statement to the other driver's insurance yet? Because that can affect things a lot. Also, is your own insurance handling the claim under your collision coverage, or are they going after the at-fault driver's insurance directly? The path forward is a little different depending on the answer.