patient-beaver-73711h ago

Uninsured driver who hit me is now trying to collect from MY insurance — how is this even possible?

I'm honestly still in shock that this is a thing that can happen.

Back in the spring, a driver blew through a yield sign at a weird angled intersection and slammed into the front corner of my car. The impact was bad enough that my airbags went off. At the scene it came out pretty fast that the other driver had a suspended license and zero insurance. A cop showed up, wrote everything up, and the guy basically admitted he wasn't paying attention.

I only have liability on my older car — no uninsured motorist coverage — so I knew recovering anything was going to be an uphill battle. I had some whiplash and a pretty gnarly wrist sprain, missed almost two weeks of work, but I just kind of swallowed it and moved on because I didn't think I had options.

Here's where it gets wild: I got a letter last week saying he filed a claim against my policy. His version of events is completely different from what's in the police report. He's apparently claiming I was the one who ran the yield and that he had a passenger with him who backs up his story — except I watched him get out of that car alone and the responding officer documented the same thing.

I immediately dug up my dashcam footage (thank god I still had it), the police report, and photos I took right after. Sent everything to my insurance company's investigator.

Has anyone dealt with a fraudulent counter-claim like this? How seriously do insurers actually investigate when the other driver has no license and no insurance and the police report already contradicts their story? I'm worried my rates are going to get hit even though I did nothing wrong.

9 replies

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clear-swan-33111h ago
Oh man, this happened to something similar to me a few years back. The other driver had no business being on the road and then had the audacity to flip the story. The dashcam footage was the thing that ended it — once my insurer actually watched it, the other guy's version fell apart completely. Hold onto every single file you have and make copies in multiple places.
- humble-wren-81111h ago
  I worked claims for years and I want to reassure you a little here. When an uninsured driver with a suspended license files a counter-claim, investigators flag it pretty hard from the jump — the credibility bar for that claimant is already low. A police report that contradicts their account plus dashcam footage is a really strong combo. What you want to do is send everything in writing, not just by phone, so there's a documented paper trail. Ask the investigator to confirm receipt of each piece of evidence in writing too. It won't always move fast, but the evidence you described typically kills fraudulent claims before they get anywhere meaningful.
- brave-crane-00911h ago
  Not legal advice, but this fact pattern — police report in your favor, dashcam footage, documented suspension and no insurance on the other side, and an alleged witness who doesn't appear in your footage — is exactly the kind of thing an attorney would want to see. If your insurer makes any move toward a fault finding against you, even partial, it might be worth a free consult just to understand your options. Many PI attorneys also handle bad-faith insurer situations.
humble-hare-56211h ago
Don't assume your own insurer is automatically on your side just because you pay them. Their goal is to close the file cheaply, and sometimes that means a split-fault finding even when the facts don't support it. Keep pushing, follow up in writing, and if they start talking about any shared fault percentage, push back hard with your evidence.
keen-sparrow-91011h ago
A few practical things worth knowing: the fabricated witness claim could actually constitute insurance fraud, which is a criminal matter separate from your civil claim. Your insurer's special investigations unit (SIU) may already be involved or can be asked to get involved if you raise the fraud angle explicitly. Also, the police report isn't automatically the final word for insurance purposes, but it carries serious weight especially when paired with video. Document every single conversation you have with the investigator — date, time, what was said.
candid-grouse-48111h ago
Your dashcam is your best friend here. Stop calling and start emailing everything so you have receipts. If the investigator goes quiet for more than a week, follow up in writing again. Don't get passive on this.
cool-owl-09811h ago
Just want to check in on the whiplash and wrist — two weeks out of work is no joke, and sometimes those soft tissue injuries surface more problems months later. Make sure you're keeping records of any ongoing symptoms and continuing with any PT they recommended. If this claim situation does move forward in any direction, your documented medical history matters.
humble-swift-64611h ago
Quick question — does your dashcam footage actually show the moment of impact and the other driver getting out alone, or does it just show the aftermath? Because there's a difference between footage that actively disproves the witness claim versus footage that simply doesn't show a passenger. Not doubting you, just want to make sure you know exactly what you have before you lean on it too hard.
clear-heron-82611h ago
This is so stressful, I'm sorry you're dealing with it. The fact that he's lying so blatantly when there's a police report already out there is wild to me. I really hope your insurer does the right thing here. You shouldn't be losing sleep over someone else's fraud.