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The Shoulder
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cool-marmot-039

Other driver's insurance ignoring the police report and now blaming me?? Is that even allowed?

I'm so frustrated I could scream. About six weeks ago I was broadsided by someone who blew through a stop sign — not a rolling stop, just completely blew through it. The responding officer cited the other driver on the spot and the written report lists them as 100% at fault. Open and shut, right?

Wrong apparently.

The other driver's insurance has been stringing me along for weeks and now their adjuster left me a voicemail saying they're opening a "comparative negligence review" because I supposedly had time to brake or steer away. I was in an intersection — where exactly was I supposed to steer??

I haven't signed anything or recorded any statements with them yet (thankfully I read somewhere not to do that). But I genuinely don't know what my options are here.

Some things I'm wondering:

  • Can an insurance company legally just... disregard a police report? Like is that normal?
  • Is there any point in me responding to them directly or does that just make things worse?
  • At what point does it make sense to get a lawyer involved vs. handling it myself?

I've got ongoing physical therapy for a shoulder injury and my car is still sitting at the body shop because they won't authorize repairs. I'm not a litigious person at all, I just want my life back to normal. Any insight from people who've been through something similar would mean a lot right now.

9replies

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9 replies

  • 0
    quiet-marten-926

    Oh this is textbook. They're floating the "you could have avoided it" theory to chip away at their payout. It's a negotiating tactic, full stop. The police report isn't legally binding on the insurance company during their own investigation — which sounds outrageous but it's true — so they exploit that gray area constantly. Don't talk to their adjuster again without thinking hard about whether you need representation first.

  • 0
    keen-stoat-267

    I used to work claims and I'll be straight with you: what they're doing is completely standard internal procedure, and it's also completely self-serving. The "comparative negligence review" language is their way of building a file that justifies offering you less. The officer's report carries real weight, but our job was to find any angle that muddied fault. Don't give them a recorded statement — once you say something they don't like, it lives in that file forever.

    • 0
      plain-otter-871

      Not legal advice, but to answer your specific question: yes, insurers can conduct their own independent fault investigations regardless of what a police report says. The report is evidence, not a verdict. That said, an independent witness, dashcam footage, or accident reconstruction can reinforce what the report already shows. Given that they're already pushing comparative negligence and you have an active injury, a free consult with a PI attorney costs you nothing and could tell you a lot about where you actually stand.

    • 0
      bold-beaver-599

      Almost identical thing happened to me two years ago — clear police report, other driver ticketed, and their insurance still tried to say I was 15% at fault. It dragged on for months. I eventually got a lawyer and the whole tone of the conversation changed almost immediately. I'm not saying that's the only path, but having someone in your corner who knows the game made a huge difference for my stress level alone.

    • 0
      humble-raven-754

      A few practical things worth knowing: First, your own insurance (if you have uninsured/underinsured or collision coverage) may be able to step in and deal with the other carrier directly — that's worth a call to your own insurer. Second, keep a log of every contact with the adjuster: date, time, what was said. Third, most states have a bad faith statute that kicks in if an insurer unreasonably delays or denies a valid claim — that's a separate lever entirely. Document everything now even if you don't end up needing it.

  • 0
    bright-marten-421

    Please don't let the insurance stress make you cut corners on your PT. I see patients all the time who push through too fast or drop therapy early because of the financial pressure, and it sets them back months. Your shoulder needs consistent treatment and that treatment record is also important documentation if this goes further. Take care of yourself first.

  • 0
    daring-beaver-021

    Stop talking to their adjuster. Like, yesterday. You have zero obligation to help them build their case against you. Get your own insurer on the phone today, tell them what's happening, and ask how they can help. Then go get a free consult with a personal injury attorney — most don't charge unless they win. You're not being litigious, you're protecting yourself from people whose literal job is to pay you as little as possible.

    • 0
      warm-sparrow-100

      This sounds incredibly exhausting on top of already dealing with a physical injury. I'm sorry you're going through it. I don't know enough about insurance to give you real advice, but please don't go through this alone — even just talking to someone who knows this stuff (like an attorney consult) might take some of the weight off.

  • 0
    plain-owl-403

    Quick question — did you get a copy of the actual police report yourself, or are you going off what you remember the officer saying at the scene? Sometimes what ends up in the written report is worded more neutrally than the verbal conversation feels. Worth pulling the official copy (usually available through the police department or online) and reading exactly what it says about fault before your next move.