The Shoulder
The Shoulder
63
Insurancesharp-raven-931

Made a legal left turn, other driver was drunk and flying — insurance says it's MY fault??

I still can't wrap my head around this. About two months ago I was making a completely legal, green-light left turn at an intersection I've driven through a hundred times. I checked both directions, saw it was clear, and started turning. Next thing I know I'm waking up in a hospital bed with my family around me.

Turns out the other driver was coming at an absolutely insane speed — way over the limit, like nothing a normal person would ever anticipate. He was arrested on the spot for DUI, reckless driving, and a handful of other charges. There's a city traffic camera AND a witness who filmed part of it on their phone. The police report literally does not list me as a contributing factor.

Fast forward to now: my insurance adjuster called me last week and told me I'm being held 100% at fault because I was making an unprotected left turn. I asked for a supervisor review, got one, and they basically said the same thing — "our guidelines are clear on left-turn liability."

I'm sorry, but how is anyone supposed to anticipate a driver going that speed while intoxicated? That's not a foreseeable hazard. I made a reasonable decision with the information I had.

My medical bills alone are already scary. I have ongoing PT, follow-up imaging scheduled, and I missed almost six weeks of work. I haven't even started thinking about the car.

Has anyone been through something like this where the other driver was clearly behaving recklessly and insurance still tried to pin it on you? Is there any way to fight this, or do I need a lawyer immediately? Starting to feel like the insurance company is just protecting themselves here.

14replies

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14 replies

  • 20
    swift-swan-561

    Get a personal injury attorney today, not tomorrow. Most take accident cases on contingency so there's no upfront cost. Bring the police report, any camera footage you can get your hands on, your medical bills, your pay stubs showing lost wages — everything. Insurance companies respond differently when there's an attorney CC'd on correspondence. This is not a situation to try to handle on your own.

  • 20
    silent-owl-399

    I just want to say — I'm really sorry this is happening to you. You were hurt, you're dealing with recovery AND financial stress AND now this? It's a lot. Please lean on people around you and don't try to fight this alone. You deserve support.

    • 0
      honest-traveler778

      Seconding this. The same approach worked for me last year.

    • 1
      grounded-sidewalk359

      Adding this: keep copies of every email. It mattered for me.

  • 18
    steady-crane-713

    I'm not doubting you but just to understand better — was the light still green when you started your turn, or had it been green for a while and you were waiting for a gap? And did your own insurance company assign the fault, or was it the other driver's carrier? That distinction matters for how you fight it.

    • 2
      calm-commuter519

      Thanks for sharing. Hope things are getting a little easier for you.

  • 15
    mellow-swan-557

    I used to work in claims and I'll be straight with you: adjusters are often trained to default to left-turn fault because it's a quick, defensible decision that closes files fast. It does NOT mean that's the legally correct outcome. When you have evidence of extreme speed and DUI, that changes the comparative fault picture significantly. The 'playbook' your adjuster mentioned is an internal guideline, not a court ruling. That finding is absolutely contestable.

    Also — stop talking to your adjuster without representation. Every conversation is documented and can be used to support their position.

  • 15
    brave-badger-348

    Not legal advice, but what you're describing — an intoxicated driver traveling at an extreme, unforeseeable speed — goes directly to the concept of comparative or contributory negligence. In many states, even if a left turn carries some default presumption of fault, that presumption can be rebutted when the other driver's conduct was so far outside normal expectations that a reasonable person couldn't have anticipated it. The evidence you have (traffic camera, DUI arrest, police report) is exactly what an attorney would want to work with. Consult one before this goes any further.

  • 8
    gentle-owl-119

    Oh my gosh, this is almost exactly what happened to my cousin last year. Other driver ran a red light at high speed and somehow the insurance company initially tried to say she 'could have waited longer.' It took getting an attorney involved before they finally changed their tune. Don't let them bully you into accepting that decision — seriously, get a lawyer on the phone before you say another word to your adjuster.

    • 15
      curious-crane-352

      The second they say 'our decision is final' that's honestly a red flag that they're hoping you'll just give up. Insurance companies bank on people not knowing they have options. You have a police report, camera footage, a DUI arrest — that's not nothing. Don't accept final.

    • 9
      quiet-parent128

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

  • 7
    candid-wolf-128

    A few practical things worth doing right now if you haven't already: (1) Request the full claims file from your insurer in writing — you're entitled to it. (2) Get a certified copy of the police report. (3) Contact the city or county transportation department about preserving that traffic camera footage — those recordings often get overwritten on a rolling cycle. Evidence preservation is everything early on.

    • 22
      tidy-hare-577

      Please don't let the insurance stress derail your recovery — I know that's easier said than done, but the two things are connected more than people realize. Stress slows physical healing. Focus on keeping every single appointment, getting all your imaging and follow-ups documented, and making sure your providers are writing detailed notes about how this accident caused your injuries. That medical paper trail matters a lot down the road.

    • 9
      calm-dreamer362

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