Matlock owlMatlock
The Shoulder
36
wise-crow-270

T-boned at an intersection yesterday, insurance already hinting I'm 'partly at fault' — what??

Still kind of shaken up writing this. Yesterday afternoon I was driving through a green light — completely my right of way — when another car blew through the cross street and slammed into my driver's side. Airbags went off, my door is caved in, and I had to get checked out at urgent care for neck pain and a pretty banged up shoulder.

Police showed up, took statements from both of us, and wrote everything up. The other driver got a citation on the spot. I wasn't doing anything wrong — I had the green, I wasn't on my phone, I wasn't speeding.

Fast forward to this morning: the other driver's insurance calls me and the adjuster is already floating this idea that I might have been able to avoid the collision if I'd 'been more alert.' Like... what? He ran a red light into my door.

I've never dealt with anything like this before and I genuinely don't know what my next move should be. Do I keep talking to this adjuster? Do I need a lawyer? I'm also worried because I'm still sore and I don't know yet how bad the shoulder actually is — haven't seen a specialist yet.

Has anyone else had the other side's insurance try to pin partial blame on you when the other driver was clearly at fault? How did you handle it? What did you do first?

Any advice helps. Feeling really overwhelmed right now.

9replies

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9 replies

  • 5
    kind-wolf-870

    Oh man, this is almost exactly what happened to me two years ago. Guy ran a stop sign, hit my passenger side, and somehow the adjuster was calling me 'inattentive' within 24 hours. It's a tactic. They float the partial fault thing early to see if you'll just accept a lower payout without pushing back. Don't panic, but also don't agree to ANYTHING yet — especially not a recorded statement.

    • 4
      quick-stoat-924

      The 'you could have avoided it' line is straight out of their playbook. I've heard it from so many people on here. They're testing you. If you sound uncertain or apologetic on the phone, they will use that. Stay calm, be factual, and honestly I'd stop taking their calls until you at least talk to someone who knows what your claim is actually worth.

    • 6
      silent-grouse-144

      I used to work claims — not proud of everything I saw. That 'more alert' language the adjuster used? That's them building a comparative negligence argument from day one. They document every single call. If you say something like 'I guess I didn't see him coming very fast,' that ends up in your file. I'd seriously recommend getting a personal injury attorney for a free consult before you talk to them again. Most won't charge you anything upfront.

  • 4
    brave-badger-163

    Please don't wait on that shoulder. I know it's easy to think it'll just settle down, but injuries like that — especially from a side impact — can involve the rotator cuff or labrum and they don't always scream at you immediately. The adrenaline masks a lot. Get imaging done soon, and make sure every symptom is documented in your medical records starting now. That paper trail matters.

  • 16
    sharp-swift-843

    A couple of practical things: First, get a copy of the police report as soon as it's available — usually a few days after the incident. The citation the other driver received is really important documentation. Second, take photos of your car if you haven't already, and keep every receipt related to this — urgent care, any prescriptions, even mileage to appointments. You don't need a lawyer to start organizing, but having everything in one place makes a huge difference later whether you hire someone or not.

    • 9
      humble-heron-122

      Not legal advice, but — in most states, even if someone is found partially at fault, they can still recover damages, it just affects the amount. The issue is that 'partially at fault' determinations made by the opposing insurance company have no legal standing on their own. They're not a neutral party. A free consult with a PI attorney in your area costs you nothing and would at least give you a clearer picture of where you actually stand.

    • 5
      steady-marmot-493

      Three things: Stop talking to the other driver's insurance without knowing your rights. See a doctor — a real one, not just urgent care — and get that shoulder properly evaluated. And call a PI lawyer for a free consult. You don't have to hire anyone, but you need real information before you make any decisions. You're already behind by engaging with their adjuster without knowing what you're dealing with.

  • 13
    bold-stoat-824

    This makes me so frustrated on your behalf. You had a green light and got hit, and now you're the one stressed out and scrambling for answers. Please take care of yourself first — physically and mentally. The insurance stuff can feel overwhelming but you don't have to figure it all out today.

    • 12
      spry-owl-946

      Was there a dashcam? Any witnesses nearby? I ask because 'I had the green' is obviously what both drivers often say, and the adjuster may have a statement from the other driver claiming something different. The citation helps your case a lot, but do you know specifically what he was cited for? That detail could matter.