The Shoulder
The Shoulder
60
gentle-hare-912

At-fault driver's insurer agreed to a number, I signed stuff, NOW they're backing out??

I'm so frustrated I don't even know where to start. About six weeks ago I got rear-ended pretty badly at a red light by someone who blew through the intersection. Total was clearly their fault — there were witnesses and a police report.

His insurance company (not mine) reached out pretty quickly and we went back and forth on a property settlement for my car. After a couple weeks they came back with a number I thought was fair, maybe a little low but acceptable, and the rep told me to expect paperwork in the mail. I went ahead and arranged for the car to be released to them based on that conversation.

Now — out of nowhere — a different rep calls me and says their client's policy limits are lower than the agreed amount and they "can't honor" the original figure. They're telling me to just go through my own insurance instead.

Hold on. I already gave up my car. I have nothing in writing from them confirming the original number but I have voicemails and emails referencing it. Can they just… do this? Walk back a verbal/email agreement after I've already acted on it?

I'm also worried about going through my own insurance because I don't want my rates to go up for something that was 100% the other guy's fault. I have collision coverage but I've never had to actually use it before.

I'm 23, doing this completely alone, and I feel like I got played. Has anyone been through something like this or know what my options even are? Do I have any leverage here given that they already communicated an agreed amount to me?

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10 replies

  • 23
    humble-elk-068

    A few things worth knowing: first, your own collision carrier can actually subrogate — meaning they pay you out, then go after the at-fault driver's insurer to recover what they paid. If they do that successfully, your deductible often gets refunded and it typically shouldn't affect your rates since it wasn't your fault. Second, what you're describing — relying on a communicated agreement and changing your position because of it — has a legal name (promissory estoppel or detrimental reliance depending on state). An attorney would be able to tell you if that applies here. Not legal advice, just stuff I've seen come up.

  • 20
    bright-fox-228

    I worked claims for years and I'll be honest — this situation is messier than they're making it sound. When a rep communicates a settlement figure in writing and you take action based on it (like releasing the vehicle), there's an argument that something binding already happened. The company knows this, which is probably why they're trying to get you to quietly redirect to your own carrier instead of pushing back. Whether that argument holds up legally depends on your state and the specifics, but don't just roll over. Document everything and get a second opinion.

  • 20
    brave-seal-229

    Not legal advice, but I'd strongly encourage you to consult a personal injury attorney before making any more moves. The combination of (1) documented communications referencing a specific number and (2) you surrendering the vehicle in reliance on that agreement is exactly the kind of situation an attorney would want to look at. Many PI attorneys handle property damage issues as part of a broader claim, especially when there are injuries involved too. Most offer free consultations. Don't just accept their redirect without at least getting one outside opinion.

  • 13
    tidy-dove-001

    Were you injured in the crash at all? Even if you felt okay initially, rear-end impacts can cause stuff that doesn't show up until days or weeks later — neck and back issues especially. I'd make sure you're not just focused on the car situation and ignoring your own body. If you do have any symptoms, getting them documented medically now matters a lot, both for your health and for any broader claim you might end up making.

    • 18
      genuine-owl-131

      Quick question — when you say you "released" the car to them, did you actually sign a title over or just let them take possession? Because those are pretty different situations legally. Also did any of the emails explicitly state a settlement amount, or were they more like estimates? I'm not doubting you, I just think the details matter a lot here before anyone can say what your options actually are.

  • 11
    bold-swan-333

    Oh man, this is almost exactly what happened to me two years ago. The other driver's insurer acted friendly and agreeable right up until they realized the payout was going to bump against their client's policy ceiling — then suddenly everything changed. I felt completely blindsided. What I learned the hard way is that nothing is real until you have a signed release AND a check in hand. That said, save every single email and voicemail you have from them. That paper trail matters a lot.

  • 11
    bright-sparrow-738

    This is a classic adjuster move. They string you along, get you to surrender the asset (your car), and then hit you with the policy-limit excuse once you have no leverage. They were never your friend — their job is to protect their insured and their company's money, full stop. Don't let them redirect you to your own insurance without a fight. Talk to a PI attorney before you do anything else.

    • 8
      daring-stoat-774

      Three things: 1) File a complaint with your state's Department of Insurance. Insurers hate those because they trigger mandatory response timelines. 2) Go through your own collision coverage NOW so you're not sitting without a car — you can fight the other insurer separately. 3) Talk to a lawyer. This week, not next month.

    • 8
      plainspoken-co-pilot872

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

  • 11
    silent-newt-304

    This sounds incredibly stressful, especially dealing with it on your own. Please don't try to negotiate with them anymore without some kind of support — whether that's a lawyer, or even just someone who knows how this works sitting with you on calls. You shouldn't have to figure this out alone and you clearly have more leverage than they want you to think.