The Shoulder
The Shoulder
68
Insurancewise-owl-594

Got T-boned at an intersection, other driver uninsured, got ticketed — do I even have a shot?

Still kind of in shock writing this out. Last Tuesday I was leaving a parking garage and pulling through an intersection — my light was green, I'm 100% sure of it. Out of nowhere a pickup truck blew through and hit me square on the driver's side. Deployed every airbag in the car. I had to be helped out by a bystander because I couldn't open my door.

Cops showed up pretty fast. The other driver told them HIS light was green too, classic "he said / he said" situation. Officer couldn't determine fault on the spot, but based on — I honestly don't know what — they handed ME a citation for failure to obey a traffic signal. My car is basically crushed. It's not even a year old, I still owe more on it than it's probably worth now.

Then the kicker: the other driver has no insurance. Zero. I have uninsured motorist coverage on my policy (thank god I added that), but I'm already getting a weird vibe from my own insurer — lots of questions that feel like they're looking for reasons to lowball or deny.

  • Should I fight the ticket first, or deal with the insurance claim simultaneously?
  • Does the ticket make it basically impossible to win a claim or lawsuit?
  • Is it worth talking to a personal injury attorney even though this feels complicated?

I have a cracked rib and some shoulder stuff the ER flagged that I need to follow up on. I'm not trying to get rich — I just don't want to be stuck with a wrecked car, medical bills, and a ticket I don't deserve. Any guidance from people who've been through something like this would mean a lot right now.

11replies

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11 replies

  • 21
    quiet-crane-164

    Not legal advice, but generally speaking: a traffic citation is not a final finding of fault. It can be contested, and even if it isn't dismissed, it doesn't automatically bar a civil recovery in most states — comparative fault rules often still allow you to recover a portion depending on how fault is ultimately divided. The uninsured motorist angle and your own policy's terms are really where the complexity lives here. Talking to a PI attorney for a free consult costs you nothing and they can tell you quickly whether this is worth pursuing. Most work on contingency so you're not out-of-pocket upfront.

    • 9
      clever-crow-002

      I just want to say — cracked rib AND shoulder stuff AND a totaled car AND a ticket you didn't deserve, all at once? That's so much to carry. Please don't try to handle the insurance and legal side alone while you're also healing. Lean on people around you and at least talk to a lawyer before you make any big decisions.

  • 17
    quiet-wolf-111

    That "lots of questions" feeling from your own insurer? Trust that instinct. Even your own UM carrier can act adversarially — they're still a business trying to protect their bottom line. Don't give a recorded statement without really thinking it through first. They'll ask you to do it quickly and frame it as routine, but your words can absolutely be used to reduce your payout.

  • 17
    spry-stoat-035

    Please take the shoulder finding seriously. I know it's easy to focus on the car stuff and the legal mess, but "flagged by the ER" is not the same as "fully evaluated." Shoulder injuries from side-impact crashes can be sneaky — rotator cuff stuff especially tends to feel manageable at first and then gets worse over weeks. Get into an orthopedic or sports medicine doc soon and make sure everything is documented in your medical record. That documentation matters for your health AND for any claim.

    • 8
      tired-parent707

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

    • 3
      grounded-backseat139

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

  • 15
    quiet-elk-052

    I worked in claims for years and I'll be straight with you. When there's an open traffic citation against you, adjusters are trained to use that as leverage — even internally on a UM claim. It creates what we called a "liability question" that justifies a lower offer. Resolving or contesting that ticket before the claim settles is genuinely important strategy, not just for your driving record. Also, photograph everything you still can, get written documentation from the ER, and start a log of every symptom and every day you miss work.

  • 15
    genuine-finch-180

    A few practical things: First, preserve everything — dashcam footage if you have it, any traffic or business cameras near that intersection, witness names if anyone stopped. That evidence disappears fast. Second, check your policy language around uninsured motorist claims; some policies have arbitration clauses that change how disputes get resolved. Third, your gap coverage situation (owing more than the car is worth) is a separate issue worth flagging — some people don't realize gap insurance is a thing until it's too late, but it's worth checking if you have it.

  • 15
    silent-bison-454

    Three things, in order: (1) Don't pay that ticket — contest it. (2) Don't give your insurer a recorded statement yet. (3) Call a personal injury attorney this week, not next month. Free consults exist for a reason. You're already behind on the clock and insurance companies know that people who wait get less. Move fast.

    • 4
      mellow-sidewalk915

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

  • 12
    bright-marmot-562

    Almost the exact same thing happened to me about two years ago — intersection crash, disputed light, and I was the one who got cited. What I learned the hard way: fight the ticket. I hired a traffic attorney (super affordable, way less than I expected) and they got mine dismissed because the officer's notes were inconsistent. Once that ticket was gone, my insurance claim got a lot smoother. Don't just pay it and move on, that feels like an admission of fault even if it isn't.