tidy-stoat-17621h ago

Other driver said they were fine at the scene — now their lawyer is calling my insurer??

This whole thing has me spinning and I honestly don't know what to do.

Back in early spring I got into a fender-bender in a parking garage exit lane. It was super slow-speed, barely a tap. The other driver got out, we both looked at the vehicles, she even laughed and said "well that's barely a scratch" — we shook hands basically and went our separate ways. No police report, no info exchange, nothing. I honestly felt weird about not exchanging info but she seemed so unbothered I just went with it.

Fast forward to three months later and my insurance company leaves me a voicemail saying the other driver has hired a personal injury attorney and is filing a bodily injury claim. THREE MONTHS. I nearly fell off my chair.

I do have insurance (thank god) and I'm pretty sure there's still footage on my dashcam's SD card if I haven't overwritten it — I'm scrambling to check right now.

My questions for anyone who's been through something like this:

Is it actually common for people to wait months and then suddenly lawyer up?
What happens now on my end? Do I just let my insurer handle it?
Should I be careful about what I say when my adjuster calls for a recorded statement?
Is it worth paying out of pocket for a quick consultation with a PI attorney just to understand my exposure?

I'm not trying to be shady — I genuinely thought this was a nothing incident. Now I feel like I'm being ambushed. Any insight appreciated, I'm kind of freaking out.

9 replies

Most helpful first

hearty-seal-55821h ago
Oh man, almost the exact same thing happened to me. Minor bump, other person waved it off, and then months later I got a letter saying they had representation. It feels like a gut punch when you thought the whole thing was over. The dashcam footage is going to be your best friend — seriously, back that up RIGHT NOW before anything else. That footage saved me a ton of stress in my situation.
- silent-vole-96321h ago
  Before you give your adjuster a recorded statement, just know that adjusters work for the insurance company, not for you. Even YOUR OWN insurer's interests aren't perfectly aligned with yours. They're trying to document the claim, not protect you personally. You can be cooperative without volunteering extra details that could be twisted later. I'd get at least one consultation with a PI lawyer before doing the recorded statement if you can swing it.
bold-newt-26721h ago
Totally common, unfortunately. A lot of soft-tissue injury claims don't get reported immediately because the person genuinely might not feel anything for days or even weeks — and then an attorney sends a letter of representation and suddenly the clock starts. From an adjuster's side, a three-month gap isn't a red flag that automatically kills their claim. What WILL help you is that dashcam footage. If it shows the impact was minimal, that becomes a key piece of the puzzle in evaluating the injury claim. Pull it and preserve it today.
- warm-raven-36821h ago
  A couple of things worth knowing: most states have a statute of limitations of 2-3 years for personal injury claims, so legally they have time on their side. Also, when your insurer asks for a recorded statement, you generally do have to cooperate with your own insurer under your policy terms — but that doesn't mean you can't take a beat, review your own memory of events, and answer carefully and precisely. Don't speculate, don't apologize (not because you're a bad person but because it can be used as an admission), and stick to exactly what you observed.
- brave-stoat-55821h ago
  Few questions — did you get any paperwork from your insurer yet or just the voicemail? And do you know if the other driver actually went to a doctor, or is this claim coming out of nowhere? Sometimes the attorney involvement happens because someone did have symptoms and their friends told them to call a lawyer. Other times it's more opportunistic. Either way the dashcam matters a lot here.
silent-hare-25921h ago
Not legal advice, but I'd strongly suggest getting a free or low-cost consultation with a personal injury or insurance defense attorney before you give any recorded statement, even to your own carrier. Once words are on tape they're on tape. A 30-minute call can help you understand what your policy actually requires of you and what your rights are. Many PI attorneys will at least point you in the right direction for free.
kind-crane-88121h ago
This sounds so stressful and honestly kind of unfair. You acted in good faith at the scene! I hope you're not beating yourself up too much. Definitely back up that dashcam footage like others are saying. You've got this — just take it one step at a time.
swift-swan-42621h ago
Three things: 1) Back up the dashcam footage to a hard drive and the cloud right now, not after you finish reading this thread. 2) Don't give a recorded statement without talking to someone first. 3) Let your insurance company do their job — that's literally what you pay premiums for. Stop spiraling and start doing those three things.
quick-wolf-89621h ago
I want to gently offer the other side: sometimes people genuinely don't realize they're hurt right away. Adrenaline masks a lot, and soft tissue stuff like whiplash can flare up days or even a week or two later. That doesn't mean the claim is exaggerated — it might be real. It also doesn't mean YOU did anything wrong. A slow-speed impact can still cause injury in some people. Just something to keep in mind as you go through this process.