The Shoulder
The Shoulder
55
patient-vole-787

My car was intentionally rammed while I was inside my apartment — now it's on MY record??

I'm genuinely losing my mind over this and need to know if anyone has dealt with anything similar.

So a few weeks ago someone deliberately drove into my parked car — twice. I wasn't anywhere near it. I was upstairs, totally unaware, until my roommate came in and told me to come look outside. The whole thing is on a neighbor's security camera, clear as day. The person who did it is known to building management and has had prior incidents.

Here's where it gets infuriating: the at-fault driver's insurance is claiming the damage isn't covered because it was an intentional act, not an accident. So my own collision coverage had to pick it up. Fine, whatever — I just wanted my car fixed.

But now my insurer has flagged it as an at-fault claim on my record, which makes zero sense to me. I wasn't driving. I wasn't even outside. I have footage proving I had nothing to do with it.

The damage came out to more than I expected after the shop did a full inspection, and my rates just jumped at renewal. I also noticed last week that there's additional damage along the rear quarter panel that the original estimate completely missed.

I filed a police report the same night and the responding officer was sympathetic but said the civil stuff was out of their hands.

Does anyone know:

  • How do I fight the "at-fault" designation with my insurer?
  • Can I go after the driver directly in small claims?
  • Is the newly discovered damage something I can still claim?

I've never had so much as a fender bender before this. Having this on my record because someone intentionally targeted my car feels so deeply wrong. Any guidance appreciated — I'm not even sure where to start.

14replies

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

14 replies

  • 11
    wise-finch-263

    Oh my gosh, I went through something so similar — not intentional damage, but my parked car got totaled by a hit-and-run and my insurer tried to ding me for it too. I had to file a formal dispute with my insurance company in writing, citing the police report number and the footage, and it took about six weeks but they reversed the at-fault designation. Document EVERYTHING and be relentless about escalating. Don't just call — put it all in writing so there's a paper trail.

    • 6
      genuine-sparrow-650

      Insurers love to quietly slip "at-fault" labels onto claims like this because it lets them justify a rate hike. They're betting you won't push back. Push back. Dispute it formally. In a lot of states you have a legal right to challenge how a claim is classified, and they have to respond within a certain timeframe. Don't let them gaslight you into thinking this is just how it works.

    • 6
      honest-parent782

      How long did it end up taking in your case?

  • 20
    swift-fox-537

    Former adjuster here. The reason this gets coded as at-fault sometimes is honestly just lazy or automated claim handling — the system sees your insurance paid out and flags it. But intentional acts by a third party should be categorized differently, and a lot of states have consumer protection rules around exactly this. Call your state's Department of Insurance and ask about the process for disputing a claim classification. That call alone sometimes lights a fire under the insurer.

    • 2
      thankful-overpass883

      Did the timeline change anything for you? Mine dragged on for weeks.

  • 16
    warm-badger-277

    A few things worth knowing: First, yes, you can typically file in small claims court against the person who damaged your vehicle — you'd be suing for the repair cost, any rate increase impact, and potentially the newly discovered damage if you can get a written estimate. Second, the security footage is gold — preserve it, back it up, and get a copy certified if you can. Third, the newly found damage is trickier but not impossible to claim; the key is getting a shop to document in writing that it's consistent with the same impact event. Not legal advice, just process stuff I've picked up.

    • 6
      careful-passenger329

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

  • 16
    quick-wren-502

    Not legal advice, but — the intentional act exclusion the other driver's insurer used is standard, but that doesn't mean you're without options. You may have a direct civil claim against the individual who did this, separate from any insurance. Small claims is one path if the amount falls within your state's limit; otherwise a personal injury or property damage attorney might take it on contingency if there's a clear paper trail. The video footage makes this unusually strong from an evidentiary standpoint. Definitely worth at least a free consultation somewhere.

  • 19
    plain-kestrel-988

    Not a legal thing, but — were you checked out after? Sometimes the stress of something like this (especially if it feels targeted or threatening) can manifest physically. Just make sure you're taking care of yourself through all this. The anxiety of fighting an insurance company on top of feeling like someone deliberately messed with your property is a lot.

    • 8
      honest-optimist562

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

  • 17
    candid-badger-077

    Three moves, in order: (1) Send a written dispute to your insurer this week — cite the police report and the footage, and specifically ask them to reclassify the claim. (2) Get a second shop to inspect and document that new rear quarter damage ASAP before anything changes. (3) Look up your state's small claims limit and see if the total damage falls under it. If so, you can sue the driver yourself without a lawyer. This is winnable, but you have to be the one pushing it.

  • 9
    sharp-finch-896

    Quick question — did your insurer actually see the footage before they classified it, or did they just go off the claim form? Because if they never reviewed the video, that changes things. Also, does the person who did this actually have any assets? Winning in small claims is one thing, collecting is another.

  • 14
    clever-fox-785

    I know this feels like a nightmare right now, but honestly? You have more going for you than most people in disputes like this. You have video. You have a police report. You have documentation. Most people fighting wrongful at-fault designations are doing it with almost nothing. This is genuinely a strong position to be in — it's just going to take some persistence to get the outcome you deserve.

    • 7
      grounded-backseat484

      Took me three tries but they finally budged. Don't give up.