The Shoulder
The Shoulder
54
Insurancecandid-swan-078

My insurer said 'not our problem' after clearing me — now I'm supposed to chase the other driver's insurance myself??

Still kind of in shock writing this out, but here goes.

About three weeks ago someone ran a red light and T-boned me on the passenger side. Pretty clear-cut fault situation — there were two witnesses and a traffic cam picked it up. My insurance reviewed everything and confirmed I'm not at fault. Great, right?

Except here's where it gets weird. Because I only carry liability on that car (it's older, high mileage — full coverage never made financial sense), my rep basically told me they've done what they can do on their end and that I need to reach out to the other driver's insurance directly to get my car and out-of-pocket stuff covered.

I'm sorry, what? I've been a customer paying premiums for years and now I have to go play phone tag with a company I have zero relationship with — a company that has literally no reason to prioritize me?

I always thought having insurance meant they go to bat for you. Like that's the whole deal. But apparently when you don't have collision coverage, your own insurer just… steps back? I had no idea it worked like that.

So now I'm left wondering:

  • Do I just cold-call the other insurer and hope for the best?
  • Are they actually obligated to respond to me?
  • Should I be documenting something specific before I call?
  • Is there a point where I need to get a lawyer involved or is that overkill?

The car is sitting undrivable in my driveway. I've been bumming rides to work for three weeks. Any advice from people who've actually been through this would mean a lot right now.

12replies

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12 replies

  • 22
    wise-bison-349

    Ugh, I went through almost the exact same thing two years ago. Same story — older car, liability only, not my fault. My own insurer basically wished me luck and waved goodbye. What I learned the hard way: yes, you CAN contact the other driver's insurance directly as a third-party claimant, and they ARE supposed to handle your claim. They just move slowly and hope you give up. Don't give up. Call, email, then call again and follow every conversation with an email summary so you have a paper trail.

    • 7
      tired-commuter158

      This is really helpful — thank you for posting it.

  • 22
    quick-tern-916

    Just to add some process context — when you file as a third party with the at-fault driver's insurer, most states require them to acknowledge your claim within a set number of days and then resolve it within a reasonable timeframe. If they go quiet on you, you can file a complaint with your state's Department of Insurance. That complaint alone sometimes lights a fire under them. Not legal advice, just stuff I've seen move things along.

    • 12
      quiet-owl-877

      Short answer: yes, call them. Today if possible. Give them your claim info, the police report, and a clear statement that you're pursuing a third-party property damage and injury claim. Be polite but be firm. If you don't hear back within a week, escalate. If the car is totaled they owe you fair market value — not what they think is convenient. If they drag it out past a few weeks with no real progress, that's when I'd seriously look at talking to a PI attorney.

    • 6
      brave-mole-171

      Not legal advice, but a lot of PI attorneys handle exactly this kind of third-party claim and most do free consultations. If there are any injuries involved — even minor ones — it's worth a call just to understand your options before you start negotiating on your own. Once you settle with their insurer you typically can't go back, so knowing what you're entitled to upfront matters.

  • 16
    hearty-marten-116

    Former adjuster here. Your own insurer stepping back when there's no collision coverage is honestly pretty standard — frustrating, but standard. The at-fault driver's insurance does have a legal obligation to respond to your third-party claim, it just might take some persistence. A few things that'll help: file the claim in writing (email if possible), get a police report number ready, and if you have any medical expenses or missed work on top of the car damage, document ALL of it from day one. Those often get forgotten and then it's too late to add them.

  • 13
    candid-sparrow-489

    Please don't forget about yourself in all of this car stuff. Even if you feel mostly okay right now, some injuries — especially soft tissue stuff like whiplash — don't really show up until days or even a week or two later. If anything feels off, go get checked out and make sure it's documented. I've seen so many people skip that step and then really struggle to connect it to the accident later.

  • 13
    hearty-crow-123

    Three weeks without your car because someone else ran a red light and now YOU have to do all the chasing?? That is so unfair. I really hope you get this sorted quickly. Sending good thoughts your way — you shouldn't have to fight this hard when you literally did nothing wrong.

    • 1
      kind-dreamer913

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

  • 11
    careful-tern-659

    Their adjuster is going to be friendly and seem helpful at first. That's the job. But remember — they work for their policyholder, not for you. Don't let them record a statement without thinking it through carefully, and don't accept the first offer they make on the car's value. They'll lowball it and act like it's totally standard. It's not.

    • 4
      hopeful-survivor803

      Going through something similar right now. Did following up actually move the needle for you?

    • 8
      plainspoken-backseat760

      This thread is gold. Thanks everyone.