The Shoulder
The Shoulder
67
Insurancedaring-wren-041

At-fault driver's insurance says I'm 30% liable?? I had the right of way the whole time

So I'm genuinely confused and a little frustrated right now. Got a call from the other driver's insurance adjuster yesterday and she casually drops that their "investigation" determined I share 30% of the fault for this accident. I almost laughed.

Here's what happened: I was heading straight through an intersection on a two-lane road — green light, no question. The other driver blew through a stop sign from a side street and clipped my front quarter panel pretty hard. I have a dashcam and it is crystal clear that I had the right of way and he never even touched his brakes before rolling into the intersection.

The adjuster's reasoning was something vague like I was "traveling at an unsafe speed for conditions" — but it was a dry afternoon, light traffic, and I was going maybe 2 mph over the limit at most. She couldn't really explain the math behind the 30% either, just kept repeating that their "team" reviewed everything.

I've already looped in my own insurance and sent them the dashcam footage. But I'm wondering:

  • Can I just reject the 30% finding outright?
  • Does my own insurance fight this on my behalf, or do I have to deal with the other carrier directly?
  • Should I be worried this number could creep higher if I push back?

I've got a pretty solid injury claim going too — missed almost two weeks of work and I'm still doing PT for my shoulder and neck. So the liability split matters a lot here.

Has anyone dealt with a situation like this where the at-fault driver's insurance tried to pin some blame on you even with video evidence? What did you do?

12replies

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12 replies

  • 17
    patient-sparrow-169

    You have video. They have guesswork. Stop taking calls from their adjuster and let your insurance handle the liability fight. Your job right now is to focus on your recovery and document everything — medical visits, missed work, out-of-pocket costs. Let the adults argue about percentages.

  • 17
    gentle-marten-147

    Ugh this is so stressful to read, especially while you're still healing. Please don't try to navigate this alone — even just talking to a PI attorney for a free consultation might take a huge weight off. You shouldn't have to be negotiating liability percentages while you're in PT.

  • 16
    keen-otter-689

    Almost identical thing happened to me last year. Different intersection, same nonsense — the other driver ran a sign, their insurance blamed me for "not taking evasive action." I pushed back hard with my footage and eventually they dropped my percentage to zero before we even got close to litigation. Don't cave early, that's the main thing I learned.

  • 15
    tidy-wolf-708

    I used to work claims for a mid-sized carrier and I can tell you exactly what's happening here. The adjuster is using a tactic called "comparative negligence fishing" — they throw out a percentage, see if you bite, and if you do, they've just saved their company a chunk of money on your claim. The "unsafe speed for conditions" language is boilerplate they use when they literally have nothing else. Your dashcam makes their argument really hard to sustain. Push back in writing, not just over the phone.

    • 10
      keen-tern-112

      Just want to flag on the medical side — shoulder and neck injuries from accidents can take months to fully show up in imaging and symptoms. Make sure you're not settling or agreeing to anything on the injury portion until your doctors have a clear picture of your recovery timeline. I've seen people accept early offers and then deal with ongoing issues for years with no recourse.

    • 5
      curious-traveler714

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

  • 13
    spry-seal-674

    One question before everyone piles on the insurance company — did your dashcam capture your actual speedometer or just the road? Because "traveling at an unsafe speed for conditions" is a vague charge but if there's any ambiguity in the footage about your speed, they might try to lean on that. Not saying you're wrong, just asking if the video is truly airtight or if there's any gray area they could exploit.

  • 12
    silent-swift-467

    That 30% number is not an accident — pun intended. Adjusters are trained to float a liability split in their first contact to see if you'll just accept it and move on. With dashcam footage showing you had the right of way, there's zero legitimate basis for that number. Don't agree to anything, don't sign anything, and definitely don't let that adjuster keep talking to you about fault without representation.

    • 7
      honest-driver382

      Solid advice. Getting it in writing is the part most people skip.

  • 8
    bold-seal-194

    A few practical things worth knowing: you absolutely can dispute their liability finding — you're not bound by it. Your own insurance should be stepping in here since you've notified them, and in most states if you have collision coverage they can subrogate (basically fight the other carrier on your behalf). Also, get everything in writing. If that adjuster is making claims about speed or conditions, ask her to send you the written basis for their determination. They hate that request.

    • 4
      honest-optimist934

      Curious whether you did this on your own or had help with it.

  • 7
    spry-dove-163

    Not legal advice, but this is a pretty classic setup for a disputed liability claim. Dashcam footage is genuinely powerful evidence — juries and adjusters both respond to video. The issue is whether you have the bandwidth and knowledge to negotiate this solo while you're also recovering from injuries. A lot of PI attorneys will do a free case review and some work on contingency, so you wouldn't pay unless you settle or win. Worth at least a conversation given the injury claim involved.