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Other driver's insurer says I cut them off — dashcam shows I was fully merged. What now?

Really frustrated and could use some outside perspective here.

Got rear-ended during morning commute last month. Traffic was crawling — the kind where everyone's inching forward and stopping every few seconds. My lane was ending so I merged left when there was a clear gap, signaled and everything. The other driver came up behind me and hit me.

Here's where it gets infuriating: his insurance is denying my claim and saying I made an unsafe lane change and that the accident is my fault.

My dashcam tells a completely different story:

  • I'm fully in the lane well before anything happens
  • There's a solid 4–5 seconds of me just sitting there in traffic before the impact
  • The hit comes from directly behind, not the side
  • I never even touched the car in front of me despite getting pushed forward

Damage on my car is all rear-facing too — back bumper and one tail light. Zero side damage. If I had cut someone off, wouldn't there be some side contact?

Their adjuster told me they reviewed the dashcam and denied it. But when I pushed back I found out they apparently hadn't even looked at my damage photos yet when they made that call. I asked for reconsideration and they still said no — basically told me to go through my own insurance if I want to pursue it further.

My deductible is pretty steep. So now I'm sitting here wondering if it's even worth filing with my own insurer and hoping they fight it through subrogation, or if I'm better off finding another route.

Has anyone dealt with a denial like this when you had dashcam footage clearly on your side? What did you actually do?

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