The Shoulder
The Shoulder
58
calm-crane-514

Cop said the other driver is at fault but now I'm second-guessing everything — anyone dealt with this?

So this happened a few weeks ago on a divided road on my way to an early shift. It was still dark out, maybe 5am, and I was cruising in the right lane at a pretty normal speed for that stretch.

Out of nowhere this SUV cuts across the median trying to do what I can only describe as a reckless U-turn — totally illegal spot to do it. I swerved left to avoid plowing into her, which seemed like the obvious move. Except she must've panicked and jerked left at the exact same second. We collided.

No trees, no hills, no blind spots. Straight road. My headlights were on. She had every reason to see me coming.

Officer on the scene cited her for the improper turn. So in theory this should be open and shut, right?

But here's where my brain won't let it go: I was slightly over the speed limit. Not by a crazy amount, but enough that I keep wondering if that's going to come back and bite me. Could the other driver's insurance try to use that to reduce what they owe me? My car has significant damage, I've got some neck and shoulder pain I'm still dealing with, and I've missed a couple days of work already.

Her insurance contacted me pretty fast — like, weirdly fast — and they were very friendly. Almost too friendly. They mentioned wanting to 'resolve things quickly.' Something felt off.

Has anyone been through something where the fault was clear but it still got messy? Did your speed end up mattering? And should I be talking to that adjuster or just... not?

14replies

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14 replies

  • 19
    sharp-crow-069

    Oh man, the 'we want to resolve this quickly' call gave me flashbacks. I got that same energy after my accident and accepted what felt like a reasonable offer — then found out weeks later my back injury was way more serious than I thought. Once you settle, that's usually it. Don't let the friendliness rush you.

    • 7
      bright-bison-216

      That fast, friendly call is a classic move. They want to get you on record saying things that minimize your injury and lock you into a lowball payout before you even know the full extent of your damages. Be very careful what you say to them. Honestly, I'd stop taking their calls until you at least talk to someone who knows what your claim is actually worth.

    • 17
      silent-mole-251

      Not legal advice, but the scenario you're describing — evasive maneuver, her initiating the illegal turn, clear sightlines, a citation issued to her — generally points strongly toward her liability. Your speed being slightly over the limit complicates things marginally but doesn't flip fault. Whether that matters in your state depends on how comparative negligence is calculated there. Worth a free consult with a PI attorney before you say much more to her insurer.

    • 7
      calm-traveler993

      This is exactly what I needed to read today. Thank you.

  • 15
    daring-wolf-901

    I used to work on the insurance side and I'll be real with you — the speed thing is something adjusters are trained to look for. In states with comparative fault rules, even being a small percentage responsible can reduce your payout. It doesn't mean you lose, but they will absolutely try to use it as a negotiating chip. The police report citing her helps you a lot, but don't assume it ends the conversation.

  • 10
    hearty-wren-308

    A few practical things: get a copy of the police report if you haven't already, document your injuries with photos even if they seem minor, and keep a simple log of every symptom, missed work day, and expense. If this goes anywhere legally, that paper trail matters way more than people expect. Also, anything you say to the other driver's insurance can and will be used to minimize your claim — that's just how it works.

    • 9
      calm-neighbor867

      This is really helpful — thank you for posting it.

    • 2
      mellow-late-shift940

      Adding this: keep copies of every email. It mattered for me.

  • 15
    hearty-dove-069

    Please don't brush off the neck and shoulder pain. Soft tissue injuries from collisions can seem manageable at first and then get significantly worse over the following weeks as inflammation builds. Go get checked out by a doctor now, not later. Your medical records from right after the accident are important both for your health and for any claim you might make.

  • 15
    keen-crow-751

    Stop talking to her insurance. Full stop. You're not required to give them a recorded statement. Be polite, say you're still assessing the situation, and hang up. Get a free consultation with a personal injury lawyer — most don't charge anything unless they win. You have nothing to lose by at least hearing what someone tells you your case looks like.

  • 19
    warm-fox-450

    I just want to say — you did the right thing in the moment by swerving. You were trying to avoid a crash, not cause one. It sounds really stressful to second-guess yourself when the cop already said it wasn't your fault. Please take care of yourself physically first. Everything else can get sorted out.

    • 0
      plainspoken-sidewalk502

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

  • 11
    tidy-swift-576

    Quick question — do you know for sure she was cited and not just warned? And was there a dash cam or any other witnesses? I'm not doubting you, but if it ever becomes her word against yours on the specifics of how it unfolded, having something concrete beyond the report really helps your position.

    • 0
      patient-neighbor277

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