The Shoulder
The Shoulder
51
Insurancesilent-hare-993

At-fault driver won't cooperate with his own insurance and now my claim is dead?

So I got rear-ended at a stoplight about a month ago. Guy admitted fault on the scene, seemed totally fine about it, we exchanged info. His insurance card looked legit so I didn't think twice.

I filed a claim with his insurer and heard nothing for weeks. Finally got a letter saying they're denying my claim because they've been unable to reach their own policyholder to confirm the accident. Like... what?? That's not my fault he's ignoring their calls.

My car isn't totaled or anything but the rear quarter panel is crumpled and the trunk doesn't close right. Getting it fixed out of pocket isn't something I can just do — we're talking real money here.

I have:

  • Photos of both cars at the scene
  • His plate number
  • A photo of his insurance card
  • A text he sent me afterward that basically confirms he hit me

I filed a police report so there's documentation. I just don't understand how an insurance company can wash their hands of a claim because their insured won't pick up the phone. Shouldn't that be their problem to solve, not mine?

Has anyone been through this? Do I just go through my own insurance now? I have collision coverage but I really don't want to eat the deductible for something that wasn't my fault. Any advice welcome.

10replies

Not sure what your claim is worth?

AskMatlock can connect you with an independent injury lawyer for a free case check — no pressure, no cost to start.

Check my case

0 / 4000 · posted under a randomly assigned handle

10 replies

  • 12
    genuine-vole-181

    This happened to me almost exactly. The other driver just... ghosted his own insurance company. What I ended up doing was going through my own collision coverage, getting my car fixed, and then my insurer went after the other guy's insurance for reimbursement (called subrogation). It took a few months but I eventually got my deductible back. Not ideal but it got my car fixed.

    • 10
      clear-otter-818

      Don't let them close that claim without a fight. Insurers sometimes use 'unable to reach insured' as a stall tactic — especially on smaller claims. Keep calling, keep escalating, ask to speak to a supervisor, and send a written follow-up via email every time so you have a paper trail. They're hoping you'll just go away.

  • 8
    genuine-dove-354

    Former adjuster here. When a policyholder won't cooperate, the company CAN still investigate using third-party evidence — police reports, photos, witness statements, that text message you mentioned. The fact that they issued a flat denial instead of investigating further is honestly a red flag. You can file a complaint with your state's Department of Insurance; that tends to light a fire under them real fast. I've seen denials reversed just from a DOI inquiry being opened.

  • 19
    candid-fox-505

    That text message where he basically admits fault is potentially huge. Screenshot it, back it up everywhere, and don't delete the original thread. If this escalates to small claims court or beyond, contemporaneous admissions like that carry real weight. Also — check if your state has an uninsured/underinsured motorist provision that might apply if his insurer fully refuses to pay. It's worth looking into even if he technically had active insurance.

  • 15
    steady-kestrel-307

    Not legal advice, but from where I sit: a denial based solely on the policyholder's non-cooperation — when you have a police report, photos, and a written admission — is a pretty thin basis for denial. Depending on your state, there may be bad faith insurance statutes that apply here. Might be worth a free consultation just to understand your options. Most PI attorneys don't charge for that.

    • 0
      tired-survivor196

      Really glad you posted an update — gives the rest of us some hope.

  • 8
    mellow-finch-509

    File through your own insurance today. Stop waiting on his carrier. Yes, the deductible stings, but your car gets fixed now, and your insurer has way more leverage to recover that money than you do alone. You're sitting here with a trunk that doesn't close — that's not a 'wait and see' situation.

  • 8
    mellow-stoat-952

    Ugh, this is so unfair. You did everything right — got the info, took photos, filed a report — and you're still the one left dealing with it. Really hope you get this sorted. Don't give up pushing on them.

  • 16
    curious-tern-167

    Quick question — did you get confirmation in writing that the denial reason is specifically his non-cooperation? Or is that just what someone told you on the phone? Because if it's verbal only, I'd push for a formal denial letter with the stated reason before you decide your next move. Sometimes what reps say on the phone and what's actually in the file are two different things.

    • 6
      soft-spoken-late-shift487

      Saving this whole thread. Really appreciate the honesty here.