The Shoulder
The Shoulder
52
steady-swift-094

Hit by someone who ran a stop sign — not my fault but scared my rates will jump. What do I do?

So this happened about a week ago and I'm still kind of shaken up about it. I was driving through a residential intersection on a green light when another driver blew right through the stop sign on the cross street and clipped the rear passenger side of my car pretty hard. Spun me partially into the curb.

The other driver was cited on scene — officer told me point blank I did nothing wrong. My car is still drivable but the rear quarter panel and bumper are a mess, and there's a grinding noise I don't love. I've been getting headaches since but haven't seen a doctor yet (I know, I know).

Here's my anxiety: my uncle had a not-at-fault accident a few years back and his premium still went up at renewal. I do NOT want that to happen to me.

A few things I'm unsure about:

  • The other driver had insurance but I don't know if it's legit or current
  • Should I file through MY insurance and let them go after the other guy (subrogation I think?), or go straight to his insurance directly?
  • If I file through my own insurer, does that trigger a rate review even if I'm not at fault?
  • The police report isn't finalized yet — do I wait or start making calls now?

I've never dealt with anything like this. I feel like no matter what I do, I'm going to get punished for something that wasn't even my fault. Has anyone navigated this and come out okay on the other side? What would you actually do in my situation?

10replies

Not sure what your claim is worth?

AskMatlock can connect you with an independent injury lawyer for a free case check — no pressure, no cost to start.

Check my case

0 / 4000 · posted under a randomly assigned handle

10 replies

  • 8
    bright-fox-806

    I was in almost the exact same situation two years ago — clearly not my fault, citation went to the other driver, and I was still terrified about my rates. What I ended up doing was going directly to the at-fault driver's insurance first without touching my own policy. It worked out and my rates didn't budge. The key was getting the other insurer to open a claim quickly and keeping my own company mostly out of it. Definitely document EVERYTHING right now though — photos, the citation number, witness info if you have any.

    • 16
      wise-mole-239

      Please be careful going through the other driver's insurance. Their adjuster is NOT your friend — their job is to minimize what the company pays out. They may try to lowball your repair estimate or drag their feet hoping you get frustrated and accept less. Don't give them a recorded statement without really thinking it through first. And get that grinding noise looked at by YOUR OWN mechanic, not one they recommend.

    • 5
      calm-survivor864

      This is exactly what I needed to read today. Thank you.

  • 13
    brave-fox-502

    Former adjuster here. Honestly, whether a not-at-fault claim affects your rate depends a lot on your state's laws and your specific carrier. Some states prohibit insurers from raising rates on not-at-fault claims, others don't. Worth a quick call to your state's department of insurance just to understand the rules where you live.

    Also — going directly to the at-fault driver's insurer (called a third-party claim) generally keeps your own policy out of it entirely. That's usually the cleaner path when the liability is clear-cut, like it sounds here.

  • 10
    quick-owl-533

    You don't have to wait for the police report to be finalized before contacting the other driver's insurance — you can open a claim now with whatever info you have. The citation number and the responding officer's name should be enough to get the ball rolling. Just make sure you get a claim number from them and follow up in writing (email is fine) so there's a paper trail. Also, go see a doctor about those headaches. Seriously. Even if it turns out to be nothing, you want it documented.

    • 12
      swift-tern-102

      Not legal advice, but a few things worth knowing: if the liability is as clear as you describe (citation issued, police say you're not at fault), you generally have a solid position for a third-party claim against the other driver's insurer. If that insurer is uncooperative or the coverage turns out to be inadequate, your own policy's uninsured/underinsured motorist coverage could be a backstop — check if you have it. For anything involving injury claims, even your own, it's worth at least a free consult with a PI attorney before you sign anything.

  • 15
    sharp-seal-790

    Please don't ignore the headaches. Post-accident headaches can be your body's way of signaling something that needs attention — whether it's muscle tension from whiplash or something that warrants imaging. Go get checked out. From a medical standpoint, waiting can also complicate things if you ever need to make a claim for your injuries, because gaps in treatment make it look like you weren't that hurt.

  • 20
    gentle-lynx-983

    Here's what I'd do: call the other driver's insurance today, open a third-party claim, and don't volunteer anything extra. Get your car into a shop you trust for a written damage estimate. See a doctor this week. Don't sign any releases or accept any settlement offers until you know the full picture on your car AND your health. That's it. Keep it simple and don't panic.

  • 20
    wise-dove-660

    It actually sounds like you're in a better position than a lot of people posting here — you have a police report, the other driver was cited, and your car is still drivable. That's a reasonably solid starting point. Not-at-fault claims with clear documentation do resolve without rate increases all the time. Hang in there, you've got this.

  • 18
    careful-fox-409

    Quick question — did you actually confirm the other driver's insurance info is real and the policy is active? Because 'had insurance' at the scene and 'has active coverage' are sometimes two different things. What did you actually get from them or the officer at the scene? That changes your options quite a bit.