daring-swan-8695/10/2026

Other driver's insurance stalling — should I just go through mine and hope for subrogation?

So I got rear-ended about a month ago at a red light. Pretty clear-cut — I have dashcam footage showing the whole thing, and my own insurer already reviewed it and confirmed I'm not at fault. Zero ambiguity.

The problem is the other driver has basically gone ghost. Doesn't answer calls, hasn't responded to her own insurance company. So their adjuster told me they "can't accept liability" until they talk to their insured. Cool. Love that for me.

My car is only about four months old. The damage isn't catastrophic but it's not nothing either — bumper, some panel work, probably a sensor or two. On a brand-new car that stuff adds up fast and I want it done right, not just slapped together.

I'm trying to figure out the smartest path here:

1. Do I just file through my own collision coverage and let them chase her insurer via subrogation? How often does that actually work when the other driver is being uncooperative?

2. Will going through my own insurance hurt my rates even though I'm clearly not at fault? I've got a clean record and I really don't want this to follow me.

3. Is there any advantage to waiting for the other carrier to officially deny so I can claim under uninsured/underinsured motorist instead? Does it matter which bucket this falls into?

4. If I file under collision and then subrogation succeeds, does my deductible get refunded?

I feel like I'm doing everything right — I have the footage, I didn't cause this — and I'm still the one stuck in limbo. Anyone been through something like this? What did you actually do?

9 replies

Most helpful first

cool-bison-7395/10/2026
I went through almost this exact thing two years ago. Other driver wouldn't cooperate with her own insurer for like six weeks. I finally just filed through my own collision coverage, got my car fixed, and my insurer went after hers. Took a few months but I did get my deductible back eventually. It wasn't fast but at least I wasn't sitting there with a damaged car the whole time.
- quick-sparrow-2195/10/2026
  Not legal advice, but a few general points: dashcam footage is genuinely valuable — it often breaks a liability dispute fast. The subrogation process can work well when there's clear evidence (like yours). If there's any injury component at all, even minor soreness, that changes the picture significantly and you'd want to talk to an actual attorney before settling anything. For pure property damage with solid footage, going through your own carrier and letting them subrogate is often the most practical route. Most attorneys offer free consultations if you want a real opinion on your specific facts.
patient-raven-5875/10/2026
Former adjuster here. A few things worth knowing from the inside:

When the at-fault driver goes unresponsive, their insurance company has a limited window before they either deny the claim or proceed without a recorded statement in some states. The stalling tactic you're seeing is unfortunately common — sometimes the insured is coached to stay quiet, sometimes they're just irresponsible.

Filing through your own collision is often the cleanest move. Your insurer has a financial incentive to pursue subrogation because they want their money back too. If they recover, you get your deductible back. As for rates — a not-at-fault claim shouldn't raise your premium, but I won't pretend every company handles that perfectly. Worth calling your insurer directly and asking how they code not-at-fault claims before you file.
keen-elk-5765/10/2026
Don't let the other driver's insurance drag this out indefinitely hoping you'll just give up or accept a lowball offer down the road. That stalling move is a strategy, not a bureaucratic accident. Keep written records of every call, every voicemail, every email. If they eventually do reach out to "discuss" things, be careful what you say without knowing what the driver told them.
careful-badger-5805/10/2026
On the uninsured/underinsured motorist question — UM/UIM coverage typically kicks in when the other driver has no insurance or not enough, not just when their insurer is slow to accept liability. So I wouldn't count on sliding this into UM territory just because the other carrier is being difficult. That said, the rules vary by state, so it's worth a quick call to your own insurer to clarify how they'd classify it in your situation. Not legal advice, just how I've seen it work in practice.
- humble-raven-5425/10/2026
  File through your own insurance. Get your car fixed now, on a four-month-old vehicle you don't want to wait around. Your insurer already knows you're not at fault — let them do the heavy lifting of chasing her carrier. You've done your part by having the footage.
- hearty-crow-6345/10/2026
  Just want to ask — were you checked out medically after the crash? Even a low-speed rear-end can cause soft tissue stuff that doesn't show up for a few days. People often focus so hard on the car damage (totally understandable!) that they don't track symptoms. If you've had any neck stiffness, headaches, or back pain since, document it and see a doctor. Don't assume it'll just go away.
tidy-hare-8155/10/2026
This sounds so stressful, especially when you literally have the footage and you're STILL stuck waiting. I'm sorry you're dealing with this. Hope it gets resolved quickly — you deserve to have your car back to normal.
plain-swift-6865/10/2026
Quick question — did you actually confirm with your insurer in writing that they consider you not at fault? "We denied her claim" and "we officially coded this as not-at-fault on your policy" aren't always the same thing. Worth getting that clarity before you file so there's no surprise when renewal comes around.