The Shoulder
The Shoulder
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Insurancecool-marmot-480

At-fault driver's insurance won't cover my repairs — now they want me to go through my own policy??

I'm genuinely confused and frustrated right now so bear with me.

About three weeks ago someone ran a red light and plowed into the side of my car. Super clear-cut fault situation — there's a traffic cam, witnesses, the whole thing. The other driver admitted it on the scene too. Their insurance has accepted liability, no dispute there.

Here's the problem: the damage to my car is significant. Like, it may be totaled significant. And apparently the at-fault driver only carries the bare minimum property damage coverage their state requires. That limit is nowhere near enough to cover what my car is actually worth.

So now their adjuster is basically shrugging and telling me I should file through my own collision coverage to make up the difference.

I have a few concerns with this:

1. Will this go on my record and raise my premiums? I did nothing wrong here. This feels insane. 2. Do I actually have to do this? Like is this legally my only option? 3. What happens to my deductible? Am I just out that money even though I'm the victim?

I've never dealt with anything like this before and honestly the adjuster on the phone seemed annoyed when I asked questions, which didn't help.

Has anyone been through something like this? I don't even know if I should be talking to a lawyer at this point or just suck it up and file through my own insurance. Any advice or shared experience is really appreciated.

12replies

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12 replies

  • 8
    hearty-finch-522

    Went through almost this exact thing last year. Underinsured driver hit me, their policy maxed out way below my actual damages. My agent explained that filing through your own collision coverage because someone ELSE was underinsured typically gets coded differently — it usually won't affect your rates the same way an at-fault claim would. That said, every insurer is a little different so definitely ask your agent directly and get it in writing if you can.

  • 16
    tidy-swift-073

    That adjuster telling you to just go through your own insurance is 100% them trying to close your file as cheap and fast as possible. Their job is to protect their bottom line, not help you. Don't let them rush you. Ask them in writing exactly what they're offering and why, and don't agree to anything verbally over the phone.

  • 10
    bold-bison-292

    Former adjuster here. When the at-fault driver doesn't have enough property damage coverage to pay out your claim fully, you basically have a couple of paths: sue the at-fault driver personally for the gap, or go through your own carrier if you have collision or — more relevant here — uninsured/underinsured motorist property damage coverage. That UIM-PD coverage is specifically designed for exactly this scenario. Check your declarations page and see if you have it. If you do, your insurer should be able to subrogate (go after the at-fault driver's insurer) and potentially recover your deductible for you.

  • 9
    curious-vole-712

    Not legal advice, just some process context — the term you want to look up is subrogation. When your own insurance pays out a claim that's really someone else's fault, they can legally pursue reimbursement from the at-fault party's insurer. In a clear-liability case like yours, that process sometimes results in your deductible being refunded to you after the fact. It's not guaranteed and can take a while, but it happens. Worth asking your insurer about it explicitly.

    • 1
      weary-dreamer565

      Appreciate the detailed write-up. Saving this for later.

  • 18
    wise-marten-551

    Not legal advice, but in situations where the at-fault driver is underinsured you generally do have the option to pursue the at-fault driver personally for the difference between what their insurance covered and your actual damages. Whether that's practical depends on whether that person actually has collectible assets. A free consult with a PI attorney could help you understand all your options before you just accept whatever the adjuster is suggesting. Most won't charge you anything to talk through the basics.

    • 10
      steady-kestrel-647

      This sounds so stressful, I'm sorry you're dealing with it on top of everything else after an accident. Please don't just let them pressure you into something you don't fully understand yet. Take your time and ask every question you have.

  • 14
    genuine-newt-398

    Three things: 1) Get everything the adjuster tells you IN WRITING — no more verbal conversations if you can help it. 2) Pull out your own insurance policy and read what your collision and UIM-PD coverage actually says. 3) If your car might be totaled, don't let them lowball the value — look up comparable vehicles yourself and push back with data. You have more leverage than they want you to think.

  • 11
    curious-tern-614

    Just want to ask — are you physically okay? Sometimes when you're caught up in the property damage stuff people forget to keep tabs on how their body is doing. Symptoms from a side-impact collision can show up days or even weeks later. Make sure you're documenting anything physical too, even if it feels minor right now.

    • 7
      mellow-co-pilot501

      Thank you both, this gave me the push I needed to make the call.

  • 12
    cool-swan-374

    Quick question — do you actually know for certain their policy limit is maxed out, or is that just what the adjuster told you? Because adjusters have been known to... let's say, understate things. You can sometimes request proof of the policy limits directly. Just want to make sure you're not taking their word for it without verification.

    • 9
      curious-rider367

      How long did it end up taking in your case?