The Shoulder
The Shoulder
58
Insurancespry-stoat-376

At-fault driver is ghosting his own insurance company and now they want to close our claim??

I'm honestly so frustrated I don't even know where to start.

Back in early spring my husband was rear-ended at a red light by a guy who blew through traffic while clearly distracted. Pretty straightforward — cops came, report was filed, other driver admitted fault on the scene. Damage to our SUV ended up being more than it looked: crumpled rear panel, busted tail assembly, and the trunk latch is completely misaligned now. Shop quoted us just under four grand to make it right.

Right after the crash the other driver was cooperative. Exchanged info, said "just file with my insurance, no problem." Cool. So we did.

Fast forward six weeks and his insurance keeps telling us they can't reach him to get his statement confirming the accident. Apparently they need their own policyholder to cooperate before they'll accept liability. I didn't know that was even a thing.

We reached out to the guy ourselves and he basically told us to stop contacting him and that he'd "deal with it when he felt like it." Then went silent. His insurer just sent us a letter saying they're moving toward closing the file if they can't get his cooperation soon.

So now I'm sitting here with a damaged car, no rental reimbursement, and an insurance company about to slam the door on us because their own customer won't pick up the phone.

Does anyone have experience with this? Can we sue him personally? Is there anything that actually forces him to cooperate with his own policy? We have the police report, photos, everything. We're not making this up — he literally hit my husband from behind.

11replies

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11 replies

  • 19
    hearty-swan-537

    Please don't trust that insurance company to look out for you — they're his insurer, not yours. Their whole incentive is to pay out as little as possible or nothing at all. "We can't reach him" is one of the oldest stall tactics in the book. Even if they do reopen the claim, watch how they handle the repair estimate and any injury claims. Get your own representation before you sign or agree to anything.

  • 18
    curious-dove-953

    I used to work claims and I want to pull back the curtain a little here. When an insurer says they're closing the file because they can't reach their policyholder, that's technically true — but it's also a convenient out for them. Here's the thing though: that driver has a duty to cooperate written into his policy. If he violates it, the insurer can actually deny coverage to HIM, not just close your claim. That's a different situation than them saying you have no case. Keep every text, every voicemail, every letter. That paper trail matters a lot if this goes legal.

  • 18
    daring-fox-407

    Not legal advice, but this fact pattern — documented fault, uncooperative defendant, insurer threatening to close — is exactly when people should talk to a personal injury attorney sooner rather than later. There are statutes of limitations on civil claims and you don't want to lose your window while waiting to see if the insurance situation resolves itself. A quick free consultation won't cost you anything and you'll at least know your options.

  • 17
    quick-beaver-890

    Did you file a claim with YOUR OWN insurance at all, or have you only been dealing with his carrier? And what does your policy actually cover — do you have collision, or just liability? That changes your options a lot. Also curious what the police report says exactly — does it formally assign fault or just document the incident?

  • 13
    bold-badger-566

    Almost the exact same thing happened to me two years ago. The guy who hit me just stopped answering his insurer's calls and they tried to close my claim too. What finally worked was we filed in small claims court against the driver personally — once he got served with papers he suddenly remembered how to answer his phone. Don't wait for the insurance company to fix this for you.

    • 1
      weathered-mile-marker891

      Following up on this — any update on how it turned out?

  • 13
    quiet-sparrow-471

    A few things worth knowing: first, check whether your own policy has uninsured/underinsured motorist coverage or collision coverage you can tap into now and let your insurer subrogate (go after his insurer) later. Second, in most states you can file a civil suit against the at-fault driver directly, separate from anything involving insurance. The police report and those texts where he told you to stop contacting him are actually useful evidence. I'd at least consult with a PI attorney — many do free case reviews — before letting that claim close.

  • 8
    curious-crow-722

    This is so unfair. Your husband did nothing wrong and now you're the ones being put through the wringer. Please don't just accept that claim being closed — fight it. You deserve to have your car fixed and to not have to stress about this.

    • 7
      careful-dreamer787

      That lines up with what my adjuster told me too.

  • 7
    genuine-elk-089

    File with your own insurance using your collision coverage, get your car fixed NOW, and let the insurers sort out reimbursement between themselves. Yes you may have to pay a deductible temporarily but you won't be stuck driving a wrecked car for months. Then pursue the other driver separately. Waiting on his insurer to do the right thing is just letting them run out the clock on you.

    • 3
      tired-optimist708

      This is exactly what I needed to read today. Thank you.