Sitting completely still at a red light, got slammed — now they're saying I'm 10% at fault??

That 90/10 split is a classic move in contributory negligence states and it is absolutely intentional. They know exactly what that rule does to your claim. They're not investigating the truth — they're engineering a number that lets them pay you zero while sounding reasonable. Don't accept anything in writing, don't give them a recorded statement if you haven't already, and don't let them close the claim.

I used to work in claims and I'll be honest with you — when a file lands in a contributory negligence state, there's real pressure to find something on the claimant. Doesn't matter how small. Even a vague note like 'claimant's position in lane unconfirmed' can justify that 10%. It's not always cynical but it happens a lot. The thing that actually moves these is when an attorney sends a representation letter. The whole tone of the file changes overnight.

Not legal advice, but contributory negligence states are genuinely tough terrain for claimants without representation. That said, 'tough' doesn't mean impossible — the other driver's liability can still be established through witness statements, traffic camera footage, the police report narrative, and even the damage patterns on both vehicles. A PI attorney who handles property damage claims would know exactly which pressure points matter here. Worth at least a free consult before you decide anything.

A few things worth gathering right now if you haven't already: the full police report (not just the incident number — the actual narrative), any photos from the scene, contact info for any witnesses, and if there's a traffic or business camera anywhere near that intersection, send a preservation letter or request ASAP because that footage gets overwritten fast. The stronger your evidence file, the harder it is for them to hold onto that 10%.

File a small claims case against the other driver personally. Seriously. It costs like $50-100 in most places, you don't need a lawyer, and it forces the situation. Their insurance will almost certainly engage differently once there's an actual court date on the calendar. It's not guaranteed but it changes the math for them.

Just want to check — are you doing okay physically? Sometimes after an impact like that people feel fine in the moment and then a week or two later the soreness and tension really set in. If anything feels off, even minor stuff, please get it documented with a doctor now rather than later. I know the car is the urgent crisis but don't let your own health fall through the cracks in all of this.

I'm so sorry, this sounds absolutely exhausting and infuriating. You did everything right and somehow you're the one scrambling. Please don't try to fight the insurance company alone — even just talking to a lawyer for free just to understand your options would probably take some of this weight off. You deserve to have someone actually in your corner.

Was there a police report filed at the scene? And what does it say about fault — does the officer note anything about the other driver's lane position or the point of impact? That report is going to be the foundation of any dispute. If the narrative supports your version of events it's a lot harder for them to justify that 10%.