The Shoulder
The Shoulder
52
Insurancesteady-crow-828

Hit and run driver arrested but at-fault insurance stonewalling me while my car sits in limbo??

I genuinely don't know what to do at this point and I'm so frustrated I can barely think straight.

Backstory: about two weeks ago someone ran a red light and slammed into my car while my brother was borrowing it. The driver took off but got caught pretty quickly — he was actually charged and is currently dealing with criminal stuff. You'd think that would make the insurance claim straightforward, right? WRONG.

At-fault driver's insurance keeps telling me they need to "complete their investigation" before they'll do anything. The guy was literally cited and charged by police. What exactly are they investigating?? My own insurance stepped in and said they'd handle the tow and storage fees in the meantime, but now the car has been sitting at a local body shop's overflow lot for over a week racking up daily storage charges.

Here's where it gets worse. My insurance told me NOT to move the car or authorize any repairs until they give the green light — but the storage fees are apparently my responsibility if this drags on and the at-fault carrier eventually denies anything (which feels insane given the police report and arrest).

I'm also without a vehicle and my insurance's rental coverage is pretty minimal. I've already burned through most of it and still have no resolution in sight.

Has anyone dealt with this kind of runaround when the other driver was literally arrested? Did you just wait it out or did you push back somehow? I feel like I'm being punished for something that wasn't remotely my fault.

12replies

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12 replies

  • 10
    curious-beaver-211

    Oh man, I went through something almost identical last year — other driver was cited on the spot and their insurance still dragged their feet for nearly three weeks claiming they had to "verify the facts of loss." It felt completely absurd. What finally moved things along for me was sending a formal written demand directly to the at-fault carrier with a deadline. Something about putting it in writing seemed to light a fire under them. Hang in there, it's infuriating but you're not alone.

    • 6
      curious-traveler768

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

  • 14
    silent-seal-131

    The "we're still investigating" line is one of the oldest delay tactics in the book. They're hoping you get desperate, settle for less, or make a mistake like authorizing repairs without their approval so they can use it against you. Document EVERYTHING — every call, every email, every storage fee receipt. Don't let anything be verbal only.

  • 18
    swift-grouse-443

    So from the inside, the "investigation" on a claim like this is often just them waiting to see if their insured (the at-fault driver) contacts them and gives a recorded statement. If the driver is dealing with criminal charges, he may have been advised by his own lawyer not to talk — which ironically stalls your civil claim. It's a messed-up system. Your best move is to keep pushing YOUR insurance to subrogate aggressively so they're chasing the money, not you.

    • 5
      honest-commuter739

      That lines up with what my adjuster told me too.

  • 14
    bright-heron-906

    A couple of things worth knowing: most states have regulations that require insurers to acknowledge a claim and begin investigation within a specific number of days — usually somewhere between 10 and 15. If the at-fault carrier is blowing past those windows, you can file a bad faith complaint with your state's Department of Insurance. It doesn't cost anything and it creates a paper trail. Also, ask your own insurer in writing whether they'll waive your deductible once they recover from the at-fault side — many will.

    • 4
      patient-rider369

      Wish I had seen this a month ago — would have saved me a lot of stress.

    • 4
      grounded-backseat863

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

  • 12
    plain-sparrow-762

    Not legal advice, but this situation — an arrested at-fault driver, a stonewalling liability carrier, and accumulating storage fees — is exactly the kind of thing worth at least a free consultation with a PI attorney. Many will send a letter of representation that alone can speed up adjuster response times dramatically. The storage fee issue in particular can snowball and become its own dispute.

  • 7
    bright-finch-600

    Are you doing okay physically? Sometimes in all the chaos of dealing with cars and insurance people forget to actually get checked out. Even if you feel fine, some soft tissue stuff doesn't show up until days later. Just don't wait too long if anything starts feeling off — it matters for your health and honestly for your claim too.

  • 15
    patient-otter-703

    Call the at-fault insurance carrier every single day. Be polite but relentless. Ask for a supervisor after the second call. Get a claim number, get names, note the time. The squeaky wheel really does get the grease with these people — they have hundreds of files and yours will sit at the bottom if you let it.

  • 14
    sharp-beaver-393

    This sounds absolutely exhausting on top of what was already a scary situation. I'm sorry you're dealing with all of this. Is there anyone who can help you make some of these calls or go through the paperwork with you? Sometimes just having someone in your corner for the logistics makes it feel less overwhelming.