The Shoulder
The Shoulder
55
patient-sparrow-019

Hit from behind by an unlisted driver — insurer can't reach the car's owner and I'm stuck

So this happened about ten days ago and I'm already losing sleep over it.

I was sitting at a red light on my way home from work when a guy plowed into the back of my car. Pretty hard hit — my neck has been stiff ever since and my trunk is crunched. The driver was cooperative at the scene, gave me his license and the insurance card for the car, and admitted he was at fault. We waited a long time for police but they never came, so we exchanged info and went our separate ways.

I filed a claim the same day. The adjuster was nice enough on the phone, but then a few days later she tells me the driver isn't actually listed on the policy — the car belongs to someone else entirely, apparently a relative. She says they need that registered owner to confirm the driver had permission to use the vehicle before they can move forward with liability. It's been over a week and they still haven't been able to reach him.

My car is sitting in my driveway undriveable and I've had to bum rides to get to work. The repair shop won't touch it without a claim number or payment confirmed.

I do have collision on my own policy but I really don't want to burn my deductible and potentially see my rates go up for something that wasn't my fault.

A couple of questions for anyone who's been through something like this:

1. What actually happens if the owner of the car never cooperates with his own insurer? 2. Is using my own collision coverage my only real option right now, or can I push the at-fault driver's insurance harder? 3. I've gotten a couple of calls from attorneys — is there any reason to actually talk to one at this stage, or is that premature?

Any experience here would be really appreciated. I feel like I'm just waiting around while everyone else holds the cards.

13replies

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13 replies

  • 19
    warm-stoat-346

    Ugh, I went through almost exactly this — different situation but same runaround where the insurer needed the policyholder to cooperate and he just... didn't call them back for weeks. What finally moved things along for me was filing through my own collision coverage and letting my insurer go after theirs through subrogation. I got my deductible back eventually. It took a few months but at least my car got fixed while the back-and-forth was still happening.

  • 19
    kind-wren-054

    Please don't brush off the neck pain. I know it's easy to focus on the car and the insurance headache, but stiffness after a rear-end collision can be more than just muscle soreness. Go get evaluated — even urgent care can document it. If symptoms linger or get worse over the next week or two, you'll want that initial visit on record. Whiplash-type injuries sometimes don't fully show up until a few days after the impact.

  • 19
    wise-bison-757

    I'm so sorry you're dealing with this — it's genuinely unfair that you're the one scrambling when you didn't do anything wrong. I hope the car owner shows up soon and makes this easier, but please take care of yourself physically too. Don't let the insurance stress be the only thing you're focused on.

  • 18
    plain-beaver-079

    The insurance company is NOT on your side here. That adjuster being 'nice on the phone' is part of the job. The longer this drags out, the more they're hoping you just go away or make a mistake. Document every single call — date, time, name of who you spoke to, what was said. That paper trail matters more than you think if this ever escalates.

    • 6
      grounded-late-shift918

      This thread is gold. Thanks everyone.

  • 15
    bright-finch-891

    File through your own collision coverage now. Stop waiting. Yes, there's a deductible, but your insurer can subrogate against theirs and you should get it back if liability is established. Sitting on this while your car is undriveable and your neck is hurt is costing you more than the deductible will.

    • 3
      curious-walker647

      Did you have to escalate, or did they come around after the first ask?

    • 8
      plainspoken-backseat869

      Did the timeline change anything for you? Mine dragged on for weeks.

  • 12
    tidy-beaver-791

    A couple of things worth knowing: in most states, there's a legal concept called 'permissive use' and some policies have what's called 'omnibus coverage' that can extend to drivers who weren't explicitly listed. Whether that applies depends on the specific policy language and your state's laws. Also, if the car owner is avoiding his own insurer, the insurer could eventually deny coverage — at which point your options shift. It might be worth at least a free consult with a PI attorney just to understand your rights before that happens.

  • 12
    careful-hare-587

    Not legal advice, but I'll say this: talking to an attorney at this stage isn't 'premature' at all — it's actually smart timing. A lot of people wait until things have gone sideways. A free consult costs you nothing and gives you a clearer picture of your options, including what happens if the liability insurer ultimately denies the claim. The neck stiffness you mentioned is also worth taking seriously from a legal standpoint — soft tissue injuries can evolve and you want that documented now, not later.

  • 10
    spry-tern-979

    I used to work claims and I can tell you that the 'we can't reach the named insured' thing is genuinely a real process issue — they do legally need that permissive use confirmation before they accept liability on behalf of the policy. BUT, and this is important, there are internal escalation paths. If you call back and specifically ask to speak to a supervisor or a liability specialist and say you need a timeline for resolution, that sometimes lights a fire. Adjusters have caseloads and the squeaky wheel does get greased.

    • 0
      honest-parent184

      Solid advice. Getting it in writing is the part most people skip.

  • 5
    sharp-kestrel-169

    Quick question — did you get the police to come out eventually, or is there truly no report at all? That might matter more than you realize for the insurance claim. And when you say the driver 'admitted fault' at the scene, was that in writing or just verbal? Those details could change how this plays out.