spry-stoat-5975/18/2026

Parked at a red light, car behind me rolled into me — they're saying I'm 15% at fault??

Still kind of in disbelief over this so bear with me.

A few weeks ago I was completely stopped at a red light. The car behind me apparently didn't shift into park or something, because it slowly rolled forward and crunched into my rear bumper. I wasn't moving. My foot was on the brake. The light was still red.

The other driver was super apologetic at the scene and even told the responding officer it was entirely her fault. I figured this would be straightforward.

Fast forward to dealing with her insurance company. They called me a few times asking really specific questions — like whether I had checked my mirrors recently, whether I had any warning the car was drifting toward me, whether I tried to pull forward to create more space. I answered honestly. I said I was watching the light, not staring at my rearview mirror every two seconds.

Now they've come back saying I'm 15% at fault because I "could have taken evasive action" or something along those lines. I still don't fully understand their reasoning.

So now everything is slower — the body shop stuff, the rental reimbursement, all of it. And when I asked about disputing this, the rep kind of shrugged it off and said the determination had already been made by their claims team.

Is this even a real thing? Can an insurance company seriously say I should have moved my parked car to avoid someone rolling into me? Has anyone dealt with this and actually gotten the fault split reversed? I don't know if I need a lawyer or if I'm overreacting.

9 replies

Most helpful first

plain-dove-5855/18/2026
Those questions they asked you on the phone? That WAS the trap. They're trained to get you to say something — anything — that sounds like you had a chance to react and didn't. "I was watching the light" becomes "claimant was not monitoring surroundings." They do this constantly. Never answer their questions beyond yes or no, and honestly you probably shouldn't be talking to them at all without someone in your corner.
sharp-stoat-7385/18/2026
I used to work claims and I'll be straight with you — that 15% number isn't random. A lot of companies have internal targets to push some comparative fault onto the other party whenever possible because it reduces their payout. The adjuster handling your file probably didn't even make that call personally; it gets flagged by a system or a supervisor. The "determination is final" line is also a tactic. It's almost never truly final. Ask in writing for their specific policy language that supports assigning fault to a stationary vehicle.
- plain-heron-8055/18/2026
  A couple of things worth knowing: First, "evasive action" arguments against a fully stopped vehicle are a real stretch in most states — especially if there was a police report documenting that the other driver rolled into you. Second, you can send a written dispute to the insurance company. It doesn't have to be fancy, just lay out the facts, reference the police report, and ask them to reconsider. Keep a copy of everything. If they don't budge, a PI attorney can often send a letter that gets their attention fast — many will do a free consult.
- kind-swan-9135/18/2026
  Almost identical thing happened to me at a parking garage exit gate. Other car coasted backward into my front end. Their insurance tried to say I was too close. I was STOPPED. I ended up getting a lawyer involved and the comparative fault thing went away pretty quickly after that. I think once they know you're not just going to accept whatever they say, the whole tone changes.
calm-tern-8215/18/2026
Make sure you're documenting any physical symptoms too, even if they seem minor right now. Neck stiffness, headaches, anything. Low-speed impacts can still cause soft tissue stuff that doesn't show up immediately. Get seen if you haven't already — and keep all your records. This matters a lot if the claim drags out.
- clever-tern-7925/18/2026
  I'm so sorry you're dealing with this. It's exhausting when you did literally nothing wrong and now you're the one having to fight for it. Please don't let them wear you down into just accepting it. You deserve to have this handled fairly.
daring-wren-0115/18/2026
Not legal advice, but the concept of comparative fault varies a lot by state — some states don't allow it to be applied at all in situations like this, and some have thresholds. Worth a free consult with a PI attorney just to understand what the rules are where you live. Most won't charge you anything to tell you whether this fault split makes any legal sense.
gentle-owl-7685/18/2026
Stop talking to their adjuster on the phone. Seriously, every call is a chance for them to build their case. Put everything in writing going forward, get a copy of the police report if you haven't, and at minimum talk to a PI lawyer before you accept any settlement. This isn't overreacting — 15% on a stopped car is genuinely ridiculous and you shouldn't just swallow it.
plain-heron-9405/18/2026
Genuinely curious — did you get a copy of the police report and does it clearly say she rolled into you while you were stationary? And did the responding officer note her admission? Because that documentation is going to be the difference between this being an easy dispute and a harder one. If the report is solid, your position is really strong.