The Shoulder
The Shoulder
61
Insurancespry-wren-604

Driver merged into me, now insurance says it's MY fault?? What do I do?

I'm honestly losing my mind over this and need to vent / get some outside perspective.

About two weeks ago I was making a routine right turn on a green light and stayed in the right lane — the lane I'm supposed to be in. Someone turning from the opposite side took a wide arc and just... drifted straight into my driver's side. The impact pushed me halfway into a parking lot entrance.

No cops came out — someone called but they said since nobody was injured enough for an ambulance they weren't sending a unit. So zero police report. We exchanged info on the side of the road and I thought I was pretty calm and thorough, but I completely forgot to photograph the actual damage on their vehicle. I got mine, but not theirs. Rookie mistake, I know.

Now their insurance is saying I'm the one who "drifted wide" and caused the whole thing. There's a traffic signal camera on the cross street nearby and I've been trying to figure out who even owns it — city? state DOT? I have no idea how to request that footage or if they even keep it longer than a couple weeks.

A tire shop on the corner might have an exterior camera but the owner keeps telling me to "come back later." No witnesses left info.

At this point it's basically my word against theirs and their insurer is treating me like a liar. My own insurance is being weirdly passive about it too.

Has anyone successfully gotten traffic cam footage? Or dealt with a he-said/she-said situation like this? I feel completely stuck.

8replies

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8 replies

  • 12
    quiet-kestrel-326

    I went through almost the exact same thing last year — other driver lied to their insurance, no witnesses, I was freaking out. What actually saved me was being persistent about a business camera I almost gave up on. The first employee said no, but when I came back and talked to the actual manager and explained I was the victim, they pulled it for me. Don't let that tire shop brush you off. Go in person, ask for whoever is actually in charge, and be polite but firm. Time is really working against you here.

  • 8
    daring-finch-551

    Their insurance calling you at fault this fast is a classic pressure move. They're hoping you'll just accept a partial-fault split or go away. Do NOT give them a recorded statement without thinking it through carefully first. Everything you say gets used to build their case, not yours.

  • 14
    mellow-crane-273

    Former adjuster here. When liability is disputed and there's no police report, we'd look hard at the physical damage to figure out what story the cars actually tell. The location and angle of the damage on both vehicles can sometimes contradict a driver's account. If you have a good photo of your damage, an independent body shop can sometimes give an opinion on the direction of impact. Also — your own insurer being passive is a problem. Call them again, be specific, and ask them what steps they are taking to investigate liability on your behalf. They work for you.

    • 7
      clever-elk-225

      For the traffic camera, start by calling your city's traffic engineering or public works department — they usually manage signal cameras. File a formal written request ASAP referencing the date, time, and intersection. Some jurisdictions only keep footage 15–30 days so literally do this today if you haven't. Keep a copy of every request you send. If you hit a wall, a personal injury attorney can often subpoena that footage faster than you can get it on your own, and many offer free consultations.

  • 7
    mellow-crow-933

    Not legal advice, but the evidence preservation window on camera footage is short and closing fast. A PI attorney can send a spoliation letter to the city or relevant entity, which formally puts them on notice to preserve any footage. That step alone can make a big difference. Most personal injury consultations are free — worth a call just to understand your options before that footage disappears.

    • 13
      daring-finch-838

      Three things, do them now: 1) Go back to that tire shop today — not a call, in person. 2) File your traffic cam request in writing so there's a paper trail. 3) Stop talking to the other driver's insurance until you've at least had a free consult with a PI lawyer. You're not being difficult, you're protecting yourself.

  • 18
    clever-crow-591

    Are you doing okay physically? Sometimes the adrenaline from an accident masks soreness and stiffness that shows up days later — neck, shoulders, lower back. If anything hurts even a little, please get checked out and document it. Don't tough it out and assume it'll go away.

  • 6
    steady-finch-784

    Ugh, this sounds so stressful. I'm sorry you're dealing with this on top of the actual accident. Hang in there — it sounds like there are still some leads worth chasing before you give up hope on the footage.