The Shoulder
The Shoulder
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Insurancequick-swan-445

At-fault driver's insurance denied my claim even though she literally admitted fault to me??

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

So a few weeks ago I was pulling into a parking garage — barely moving, maybe crawling along at a few mph — when another driver swung out of a side aisle without looking and clipped the front corner of my car. Pretty decent scrape and crumple damage along the bumper and fender.

Here's the thing: she immediately got out, looked at the damage, and said "oh my gosh, I'm so sorry, that was totally my fault." I have that on video because my phone was already in my hand. I also took like 15 photos right there showing both cars, the positions, the point of impact, everything.

Filed a claim with her insurance. They investigated and came back saying I was at fault. I almost fell out of my chair. I asked them to walk me through their reasoning and got the most vague non-answer. Asked to speak to a supervisor — got told the original rep was handling it and there was nobody else to escalate to. Like… what does that even mean?

I'm nervous to go through my own insurance because I already had one unrelated claim earlier this year (different driver hit me, not my fault either, ugh) and I really don't want to risk my rates going up or getting dropped over something that isn't my fault.

Has anyone dealt with a third-party insurer just flatly denying an obvious liability claim? Do I just eat the cost? Fight it somehow? Get a lawyer involved over what's probably a few thousand dollars in damage?

Any advice or shared horror stories would make me feel less crazy right now 😩

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10 replies

  • 15
    careful-raven-597

    This happened to me almost exactly. Other driver waved me over after the crash and said 'my bad, totally my fault' — her insurance still denied it and called it a 'disputed liability' situation. What finally worked for me was filing a complaint with my state's Department of Insurance. It costs nothing and sometimes lights a fire under these companies faster than anything else.

  • 14
    kind-swift-863

    Third-party insurers do this constantly. Their whole job is to protect their policyholder, not give you a fair shake. They know most people won't fight back and will either drop it or just file with their own insurance. Don't let them run out the clock on you — there are deadlines that matter here.

  • 16
    calm-owl-497

    I used to work claims and I'll be real with you: denying on liability when fault is actually murky (or even when it isn't) is a pretty common first move with some carriers. It's not always bad faith — sometimes it's just a junior adjuster writing a lazy decision — but the appeal process exists for a reason. Send a formal written appeal, attach every photo and your video, and cite the specific facts. A lot of denials get quietly reversed at that stage because nobody wants the headache of a bad-faith complaint.

  • 16
    bold-otter-457

    A couple of things worth knowing: (1) You can demand their full claim file in writing — what photos they relied on, any recorded statements, the adjuster's notes. You're entitled to that. (2) If they're ignoring escalation requests, document every call — date, time, rep's name, what was said. That paper trail matters a lot if this goes further. (3) Your state insurance commissioner's office takes bad-faith complaints seriously and it's a free process.

  • 16
    patient-marmot-501

    Not legal advice, but a lot of PI attorneys will do a free consult on something like this, and when there's clear liability evidence being ignored it's worth at least one conversation. An attorney's letter sometimes resolves denials that months of phone calls can't. Small property damage cases aren't always worth full representation, but a consult costs you nothing to find out where you stand.

  • 10
    mellow-otter-698

    Are you doing okay physically? Sometimes after a low-speed impact people feel fine in the moment and then neck or shoulder stiffness shows up days later. If anything starts bothering you, please go get checked out and document it — don't just assume you're fine because the car damage looks 'minor.'

  • 17
    warm-seal-507

    File the complaint with your state insurance department today. Not next week — today. It takes 20 minutes online and it creates an official record. After that, send the insurance company a written appeal by certified mail. Those two steps alone change the dynamic completely. Calling and asking nicely gets you nowhere with these people.

  • 4
    careful-newt-234

    Ugh, this is so unfair. You did everything right — stayed calm, documented everything, got it on video — and they're still treating you like this. Please don't just let them win. You deserve to at least fight it before giving up.

  • 15
    brave-lynx-739

    I don't doubt you but I'm curious — did her insurance do any kind of site inspection or pull any other footage? Parking garages often have cameras. If there's overhead footage that contradicts their denial that would be pretty hard for them to argue with. Worth asking if you haven't already.

    • 10
      patient-commuter291

      That lines up with what my adjuster told me too.