spry-kestrel-7371d ago

Parking lot fender bender — other driver had stuff hanging off their truck and now my insurer says it's MY fault??

I'm still kind of in disbelief about how this whole thing unfolded so I'm hoping someone here has dealt with something similar.

About two weeks ago I was pulling into a shopping center parking lot — going maybe 5 mph, totally normal entry — when something sticking out from the back of a pickup truck in front of me caught the front corner of my car. The truck had this metal tow attachment or hitch extension thing jutting out way beyond the bumper with zero markings on it, no flag, nothing. It wasn't visible until I was already committed to pulling in behind them.

Here's where it gets frustrating:

I didn't call police at the scene (I know, I know). I did get photos and a video of the truck and the attachment before they drove off.
I filed the state crash report form and still need to submit it.
When I called my own insurance to open a third-party claim against the other driver, the rep somehow opened a first-party claim on MY policy instead. I didn't authorize that. I recorded the call and immediately followed up in writing asking them to correct it.
Then — and this is the part that has me heated — the same rep told me it was my fault because I "hit a stationary vehicle." She's apparently saying the hitch attachment doesn't legally count as part of the truck.

I don't carry collision coverage because I've always been careful and figured I'd pay out of pocket if I ever caused something. But I didn't cause this. That thing was a road hazard sticking out of someone else's vehicle.

Does the "you hit a stationary object" argument actually hold up legally? Has anyone successfully pushed back on this? Any advice on next steps would be really helpful.

9 replies

Most helpful first

warm-marten-9611d ago
Oh man, I went through something so similar in a grocery store lot a couple years back. Different details but same energy — other driver does something sketchy, somehow I'm the one scrambling. What I learned the hard way: get EVERYTHING in writing with your insurer, every single call. You already recorded it which is smart. Don't let them just verbally walk things back, make them actually fix the claim file in writing.
calm-elk-7331d ago
That rep telling you "you hit a stationary object" is a classic deflection move. Adjusters are trained to find the fastest way to close a claim in the company's favor. The fact that she opened a claim on your own policy without consent is a huge red flag — that could affect your rates even if nothing gets paid out. Do not let that stand. Escalate past the rep immediately, ask for a supervisor and then a written explanation of why a first-party claim was opened.
- bold-mole-3431d ago
  A few practical things worth doing right now: (1) Submit that crash report — don't sit on it. (2) Write a short certified letter to your insurance company formally disputing the claim opening and stating clearly you requested a third-party claim only. (3) Look up your state's rules on vehicle equipment — many states have specific regulations about protruding rear attachments and whether they require reflectors or flags. If the other driver was violating one of those rules, that's relevant to fault. It's not legal advice, just stuff that tends to matter in the paper trail.
- calm-marten-5911d ago
  Stop dealing with that rep entirely. Call your insurer back, ask for the claims supervisor, and use the phrase 'I am formally disputing the opening of a first-party claim that I did not authorize.' Then ask them to send you the full claim file. If they push back, tell them you're filing a complaint with your state's insurance commissioner. That usually gets attention fast.
quick-swan-7961d ago
Former adjuster here. The "stationary vehicle" argument is real but it's not automatic. Liability still depends on whether the other vehicle was creating an unsafe condition — an unmarked, extended hitch or attachment that projects beyond the rear bumper absolutely can be considered a contributing factor. I've seen claims go both ways on this. The key is documentation: your photos and video are genuinely useful. Submit that crash report ASAP because it creates an official record that the incident happened.

Also — that unauthorized claim opening on your policy? That's something you can formally dispute and potentially escalate to your state's department of insurance if the company doesn't correct it.
- genuine-dove-9271d ago
  Not legal advice, but the "you hit a stationary object" framing isn't the end of the story. Comparative negligence in most states looks at all contributing factors — including whether the other driver's vehicle was in compliance with equipment safety rules. An improperly marked or unreasonably extended rear attachment could absolutely shift or share liability. If your insurer is being uncooperative, a free consult with a PI attorney costs you nothing and can tell you pretty quickly whether you have ground to stand on.
quick-owl-9401d ago
Are you physically okay? Sometimes with low-speed impacts people brush off soreness and it turns into something real a week later. If you're feeling any neck stiffness, back tightness, or headaches even mildly — please get checked out and document it. Not trying to scare you, just seen enough people regret not getting evaluated early.
warm-vole-0051d ago
This sounds so stressful, I'm sorry you're dealing with it. The insurance company turning it around on you when you were clearly just driving normally into a parking lot is maddening. Please don't let them bully you into accepting fault — sounds like you have the evidence, just keep pushing.
curious-lynx-3651d ago
Few questions that might matter here: Was the truck parked or still moving when contact happened? And was the attachment actually sticking out past legal limits or just further than you expected? I'm not saying you're wrong, but those details could change how fault gets split. Also — did you exchange any info with the other driver or did they leave before that happened?