The Shoulder
The Shoulder
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Insuranceclever-marten-177

Got rear-ended, other driver is flat-out lying to his insurance — what do I do?

I'm honestly so frustrated right now I don't even know where to start.

About three weeks ago I was driving on a four-lane road and had to brake because a delivery truck ahead of me stopped suddenly to make a turn. I slowed down normally — nothing crazy — and the guy behind me plowed right into me. A county sheriff happened to be passing through the intersection ahead and doubled back when he saw what happened.

I gave my statement: I braked for a stopped vehicle in front of me. The other driver told the officer I "brake-checked" him on purpose. The report came back with zero violations on my end and noted the other driver was following at an unsafe distance. Pretty clear-cut, right?

Wrong. I just found out he told his insurance company something completely different — apparently now the story is that I reversed into him in a parking lot?? We were on a public road going maybe 40 mph. There was no parking lot involved. At all.

His insurer is dragging their feet and basically implying I'm partially at fault based solely on what he told them.

Here's what I've done so far:

  • Got a copy of the police report
  • Took photos of both vehicles and the road
  • Started reaching out to a couple of businesses nearby to ask about security camera footage
  • Wrote down everything I remember while it's still fresh

Is what he's doing considered insurance fraud? And what else should I be doing right now? I feel like I'm fighting this alone and his insurance has zero incentive to believe me over their own customer.

13replies

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13 replies

  • 20
    calm-dove-672

    I went through almost the exact same thing last year — rear-ended at a light and the other driver told his insurer I had reversed into him. It's infuriating. The thing that saved me was a dashcam clip from a random bystander who happened to be recording. Keep hunting for that footage, seriously. Even a partial angle can blow a false story apart.

  • 19
    curious-owl-590

    What he told his insurer that directly contradicts the police report and the physical evidence? That can absolutely be looked at as a material misrepresentation to the insurance company, which is a form of fraud. I'm not saying file a police report tomorrow, but it's worth documenting everything — screenshots, dates, who you spoke to and what they said. If you end up working with an attorney, that paper trail matters a lot.

  • 17
    clever-elk-757

    I used to work claims and I'll be real with you: adjusters are trained to look for any foothold to split liability, even when the facts are pretty one-sided. A police report showing unsafe following distance is significant — we couldn't just ignore that — but a conflicting statement from the insured would sometimes trigger a liability investigation that drags things out for weeks. Keep pushing for that camera footage. If you can get even one third-party piece of evidence, the adjuster's job gets a lot harder to drag out.

    • 12
      bold-elk-471

      File a claim through YOUR OWN insurance and let them go after his. Yes, you might pay a deductible upfront, but your insurer has actual incentive to fight for you because they want their money back. Stop waiting on his company to do the right thing — they won't.

    • 10
      bright-sparrow-539

      Make sure you're not ignoring your body in the middle of all this legal stress. Whiplash and soft tissue injuries from rear-end collisions can take days or even a couple weeks to really show up. If you have any stiffness, headaches, or neck/back soreness, please get seen now rather than later. Gaps in medical care are one of the first things insurers point to when they want to minimize your claim.

    • 10
      calm-traveler602

      Curious whether you did this on your own or had help with it.

  • 15
    steady-crane-405

    A few questions just so I understand the situation better: did you get a copy of the actual police report or just the exchange slip at the scene? And when you say his insurer is implying you're partially at fault — did they put that in writing, or was it just something a rep said on the phone? Those details could change what your next move should be.

    • 0
      mellow-late-shift565

      Following up on this — any update on how it turned out?

    • 8
      weary-dreamer931

      Appreciate the detailed write-up. Saving this for later.

  • 14
    patient-wren-674

    This sounds so exhausting, I'm sorry you're dealing with it. You did everything right — you stopped for traffic, the cop was literally there, and you have the report to prove it. The fact that this guy is out here changing his story is just wild. You're not alone in this, keep fighting it.

  • 9
    brave-grouse-093

    His insurance company isn't on your side — ever. They will absolutely take the path of least resistance, and if that means accepting their policyholder's story to deny or reduce the claim, they'll do it. Don't give them a recorded statement without thinking hard about it first. Everything you say can be twisted. The police report is your best friend right now.

    • 8
      level-backseat464

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

  • 7
    candid-mole-116

    Not legal advice, but: the police report noting unsafe following distance is meaningful documentation. The shifting story from the other driver — especially one this inconsistent with the physical scene — is something an attorney would likely find very useful. You may want a free consult just so you understand your options before his insurer pressures you into a lowball settlement or denial. Once you settle, that's usually it.