The Shoulder
The Shoulder
47
wise-swan-580

At-fault driver's insurer says their client 'wasn't involved' — I have dashcam proof??

So I'm losing my mind a little bit here and need to know if anyone else has dealt with this.

About three weeks ago someone sideswiped my car in a parking garage and just... drove off. I was sitting in my car about to leave and watched the whole thing happen. My dashcam caught everything — the other vehicle making contact with my driver-side door, the scrape, all of it. I even followed slowly enough to get a clear shot of their plate before they exited.

Filed a police report same day. My own insurer reviewed the footage and told me the other driver is clearly at fault. Cool, great, I thought this would be straightforward.

Then the other driver's insurance calls me. The rep was weirdly calm and basically said their client "has no recollection of any incident" and that without me being able to "prove direct contact" they're denying the claim. I almost laughed. I have video of the contact. The police report names their driver.

Here's the problem: I don't carry collision on this car (older vehicle, made a calculated risk decision, I know). No injuries — it was a low-speed scrape. The damage is real though, probably a few body panels.

I talked to two attorneys and both said without injuries there's not enough for them to take it on contingency. Which I get, but also feels like I'm just stuck eating the cost because the other person lied to their insurer.

Is there any path here? Small claims? Sending the footage directly to their insurance? Just wondering if anyone's been through something similar and what actually moved the needle.

13replies

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13 replies

  • 20
    hearty-marten-065

    That adjuster telling you there's no proof of 'direct contact' when you have video is a classic lowball denial tactic. They're betting you'll just go away. Don't. Send a formal written dispute with the footage attached, send it certified mail, and CC their state insurance regulator. Insurers hate regulatory complaints — sometimes that alone gets things moving.

    • 9
      calm-optimist733

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 18
    candid-stoat-936

    I used to work claims and I'll be honest — when a driver reports 'no incident' and you have contrary video evidence, the adjuster is supposed to investigate further, not just take the insured's word. If they're stonewalling you with dashcam footage in hand, you can file a bad faith complaint with your state's Department of Insurance. That's not nothing. It goes on the company's record and they take it seriously internally. Also, send the video link in writing — email, not just a phone call — so there's a paper trail.

    • 18
      mellow-swift-584

      Small claims is genuinely your friend here. You'd be suing the driver directly, not the insurance company, but once there's a judgment against the driver, their insurer usually steps in to cover it (assuming liability coverage exists). The filing fee is usually low and you don't need an attorney. Bring your dashcam footage, the police report, and any repair estimates. Courts see property damage hit-and-run cases regularly.

  • 12
    spry-dove-698

    Three things, in order: (1) Get a written repair estimate from a body shop today. (2) File in small claims — you can probably do it online depending on your state. (3) Submit a formal written complaint to your state insurance commissioner about the denial. Do all three simultaneously. Waiting on any one of them just gives the other side more time to drag it out.

    • 9
      curious-walker811

      Same boat here. Did anyone mention a deadline to watch out for?

  • 10
    clear-bison-586

    Ugh, this is so infuriating to read. You did everything right — stayed calm, got the plate, filed the report — and this person just gets to lie and walk away? I really hope the small claims route works for you. You deserve to at least get your car fixed.

    • 2
      restless-sidewalk389

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

    • 0
      honest-commuter715

      Seconding this. The same approach worked for me last year.

  • 10
    tidy-wren-924

    Quick question — does the dashcam footage clearly show the point of contact, or is it more of a close call that could be argued either way? I ask because 'we can see your car and their car near each other' is different from 'we can see the vehicles touching.' If the contact is unambiguous on video, your position is really strong. If it's a little murky, their adjuster might have slightly more room to argue. Just want to make sure you know what you're working with before small claims.

    • 2
      weary-traveler583

      Going through something similar right now. Did following up actually move the needle for you?

  • 8
    cool-heron-685

    Almost identical thing happened to me — hit and run, dashcam footage, other driver lied to their insurer. What finally worked was filing in small claims court directly against the driver. Once they were personally served with a court date, their insurance suddenly got a lot more cooperative. Took a few months but I did get compensated. Don't give up just because the attorneys won't take it.

  • 5
    gentle-stoat-383

    Not legal advice, but just to set expectations: attorneys declining property-damage-only cases on contingency is normal — the math doesn't work for them. That doesn't mean you don't have a valid claim. Small claims court is specifically designed for situations like yours. Your dashcam footage is strong evidence. The other driver's denial doesn't erase what's on video.