daring-crane-1285/12/2026

Other driver's insurer says I can only get lost wages because of my policy choice — is that true?

So I got rear-ended on the interstate about two weeks ago. Pretty significant hit — I was fully stopped in slow traffic and the guy behind me wasn't paying attention at all. My car has a decent amount of bumper and trunk damage.

I've been dealing with neck stiffness and some mid-back pain ever since. Went to my doctor yesterday and she wants me to start physical therapy. Nothing confirmed broken or herniated yet but she said soft tissue injuries from rear-end crashes can take weeks to fully show up on imaging.

I filed a claim with the at-fault driver's insurance right away. They called me back pretty fast and said they're accepting full liability, which I guess is good. But then the adjuster dropped something on me that I wasn't expecting — she said that because of the tort option I selected on my own auto policy, my ability to recover damages is limited, and basically all they'd cover is lost wages.

I had no idea when I picked my policy that this choice would matter so much if someone else hit me. Like I thought that option was about my own coverage, not about what I could collect from an at-fault driver.

She also asked me to send over a copy of my declarations page to confirm the coverage election.

A few things I'm trying to figure out:

Is it normal for the other driver's insurer to use my policy election against me like this?
Should I even send them my dec page without talking to someone first?
Does the severity of my injuries change anything here?

I've never dealt with anything like this and honestly the adjuster seemed nice but I have no idea if what she's telling me is accurate or if she's just trying to minimize the payout. Any insight appreciated.

8 replies

Most helpful first

plain-bison-2595/12/2026
Do NOT send them your declarations page yet. I know she seemed friendly, but adjusters are trained to close claims fast and cheap. Once they confirm your tort election in writing, they'll use it to shut down any further conversation. At minimum, talk to a PI attorney before you hand over anything — most do free consultations.
quick-sparrow-6015/12/2026
I used to work claims and honestly? Yes, the tort election on your own policy can absolutely affect what you recover from a third party in certain states. It's one of those things nobody reads when they're signing up and just clicking the cheaper option. That said, there are usually exceptions — like if your injuries cross a certain severity threshold. The adjuster may not be lying, but she's also not going to volunteer information that costs her company money. Soft tissue injuries that require ongoing PT might qualify for an exception depending on your state's rules. Worth at least a free consult before you agree to anything.
plain-crane-6995/12/2026
Not legal advice, but this is actually a real and common issue in states that have limited/verbal tort frameworks. Your own policy election can limit your right to sue or recover pain and suffering from an at-fault party — it's not just about your own insurer. However, the threshold question (whether your injuries are serious enough to "break" the tort limitation) is genuinely fact-specific. A PI attorney in your state can tell you in about 15 minutes whether your situation qualifies for an exception. Don't just take the adjuster's word for it.
- brave-raven-7995/12/2026
  I was in a similar situation a while back — different state but same kind of confusion about my own policy being used against me. I felt like I was being punished for getting hit by someone else, which felt completely backwards. I ended up talking to a lawyer just to understand my options and it genuinely helped me feel less like I was flying blind. Even if you don't end up needing one, the free consult is worth it just for the clarity.
silent-badger-5395/12/2026
Please keep going to your appointments and document everything your doctor says, even if it feels minor right now. Soft tissue injuries from rear-end crashes are notorious for getting worse before they get better, and a lot of people feel like they're "almost fine" at week two and then hit a wall at week four or five. Having a consistent medical record from the start matters a lot if this ends up being more serious than it looks today.
calm-heron-3845/12/2026
What state are you in? The rules around this vary a lot and some of the answers here might not apply to your situation. Also — have you actually received any written offer yet or is this all still verbal? Because there's a big difference between an adjuster explaining your limitations and them actually making a formal settlement offer.
calm-finch-0605/12/2026
Three things: (1) Don't sign or agree to anything. (2) Don't send documents without knowing exactly how they'll be used. (3) Get a free consult with a PI lawyer this week, before your injury picture is fully clear. That's it. Everything else can wait.
swift-raven-0775/12/2026
This whole thing sounds so stressful, especially when you're already dealing with pain and trying to recover. The fact that they called you so fast after you filed makes me a little nervous honestly — that kind of urgency is usually about them, not you. Please don't let them pressure you into settling quickly. Take care of yourself first.