The Shoulder
The Shoulder
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Insurancespry-dove-614

Driver who hit me is lying about what happened — insurance says I'm covered but I'm nervous

So I was sitting at a crosswalk waiting for a woman with a stroller to finish crossing when the truck behind me plowed into my rear bumper. Pretty clear-cut, right? Except now the other driver is telling his insurance that I "braked for no reason" and that I basically caused the whole thing by stopping "too abruptly."

I had a dashcam (thank god) and a witness who actually stuck around and gave me her number. My adjuster called yesterday and said they're treating me as not-at-fault and are moving forward with the claim against the other driver's policy. She made it sound like everything was under control.

But here's what's eating at me — what if his insurance sides with him? What if they drag this out, dispute the footage, or lowball me on the repairs and my whiplash treatment? I've been to urgent care twice now and my neck is still really stiff. The adjuster on my side was friendly but also kind of rushed me off the phone.

I haven't talked to a lawyer yet because I figured I didn't need one if my own insurance has my back. But the more I read online the more I wonder if I'm being naive. Has anyone been through something like this where the other driver flat-out lied and it still worked out? Or did you end up needing an attorney to get a fair shake?

Also — do I keep going to the doctor even if I feel "okay-ish"? I don't want to overdo it but I also don't want to stop treatment and then feel worse in a month.

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10 replies

  • 16
    warm-heron-419

    Please don't stop going to the doctor because you feel "okay-ish." Whiplash and soft tissue injuries from rear-end crashes can genuinely feel manageable for a week or two and then flare up badly. I've seen it a hundred times. Keep a consistent record of your symptoms, show up to your follow-up appointments, and be honest with your provider about everything — even the stuff that seems minor. That documentation matters way more than people realize if this ever becomes a bigger dispute.

  • 15
    tidy-badger-633

    Former adjuster here. When a claimant has dashcam footage and a witness, that's genuinely strong. Most carriers aren't going to fight hard against that combo. That said, the part that often gets messy isn't fault — it's the injury side. Once you cross into medical claims and potential lost wages, the other driver's insurance will absolutely look for ways to minimize. They might argue your treatment was excessive, or that your symptoms pre-existed the crash. Just be aware that's where things tend to get complicated, not necessarily at the fault determination stage.

  • 11
    sharp-badger-302

    Not legal advice, but — the fact that liability seems clear right now doesn't mean you won't benefit from a consultation. Most PI attorneys do free consults, and it costs you nothing to understand your position. The injury piece you mentioned (ongoing neck stiffness, multiple urgent care visits) is exactly the kind of thing that can escalate, and having someone in your corner before you accidentally say the wrong thing to an adjuster or accept a premature settlement is just smart. Again, not telling you what to do — just saying the consult itself is low-risk.

  • 10
    patient-raven-200

    "Your adjuster is on your side" is something people say until the bill comes in. Remember — even your own insurance company has a financial interest in closing claims cheaply and quickly. That friendliness on the phone is real, but so is their bottom line. Don't sign or agree to anything without understanding exactly what you're releasing.

  • 10
    spry-crow-306

    Honestly just the fact that he's blaming YOU for stopping at a crosswalk for a mom with a stroller is infuriating. You did everything right. I hope you get this sorted out without too much more stress — it sounds like you have solid evidence on your side at least.

  • 10
    quick-crane-205

    Two things: back up that dashcam footage right now if you haven't already — multiple places, cloud and a USB drive. And get that witness's statement in writing or at minimum a text from her confirming what she saw. Evidence has a way of becoming more important later than it seems at the beginning. Do those two things today.

    • 17
      wise-newt-963

      Quick question — when you say your adjuster told you they're going after the other driver's policy, did they actually open a third-party claim with his insurer, or are they handling it under your own collision coverage and then pursuing subrogation? Those are pretty different situations and it affects how much control you actually have over the process. Worth asking them to clarify exactly what's happening procedurally.

    • 5
      patient-survivor479

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

  • 8
    steady-dove-853

    I went through almost exactly this last year. Guy rear-ended me at a stoplight and told his insurance I had cut him off. Spoiler: I hadn't. My adjuster was also super reassuring on the phone but when it came time to actually settle the property damage and my medical bills, things got way slower and more complicated. I really wish I had talked to a lawyer earlier just to understand what my options were. Doesn't mean you have to hire one, but at least knowing where you stand is worth it.

    • 10
      hopeful-parent286

      That lines up with what my adjuster told me too.