The Shoulder
The Shoulder
71
Car accidentsbold-seal-204

No contact, no collision — other driver's stuff broke HIS OWN car. Am I really liable??

Still kind of in disbelief this is even a situation I have to deal with, but here we are.

So I was pulling out of a parking spot along a side street — hazards off, turn signal on, checked my mirrors and my blind spot, everything looked clear. Started easing out slowly. Out of nowhere this pickup comes flying around the corner way faster than the posted limit. He lays on the brakes hard, I brake too, and we never actually touched. Zero contact between our vehicles whatsoever.

Here's where it gets wild: the guy had a big stack of lumber or some kind of long boards loose in his cab — not tied down, not in the bed, just rattling around inside the passenger compartment. When he panic-braked, the boards shot forward and punched right through his own dashboard area and cracked his windshield from the inside.

He immediately jumps out screaming that I caused it and that I'm paying for his windshield. The responding officer basically told him on the spot that unsecured cargo shifting during a hard stop is not someone else's fault, and since there was no actual collision the officer couldn't even file a full accident report — just an incident note.

Now the guy is talking about going after my insurance. I'm sitting here like… how is any of this on me? I signaled, I checked, and I didn't even make contact with his truck. His own cargo did the damage to his own vehicle.

Has anyone dealt with something like this? Should I even notify my insurance proactively, or wait to see if he actually files something? I'm honestly so frustrated.

12replies

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12 replies

  • 11
    candid-wren-685

    Oh wow, this is almost exactly a situation my neighbor described — someone tried to pin a claim on her when their own stuff slid around inside their car during a near-miss. Her insurance handled it and the other person got nothing because there was no contact and no police report backing up their version. Document everything right now while it's fresh.

    • 11
      cool-finch-984

      Call your insurance and give them a heads-up before he does. Don't wait. You want your version on record first. It doesn't mean you're admitting anything — it just means you're not caught flat-footed when his claim lands on their desk.

  • 8
    quiet-wren-465

    The second he files against your insurance, an adjuster is going to be looking for ANY reason to share fault between you two, even if it's ridiculous. 'Emerging from a parked position' is one of those things they love to wave around to split liability. Don't assume your carrier is automatically in your corner — they might just want to make it go away cheaply.

    • 6
      patient-neighbor726

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

    • 6
      grounded-sidewalk478

      Saving this whole thread. Really appreciate the honesty here.

  • 10
    kind-tern-856

    Worked claims for years. Honestly, a file like this is a headache nobody wants to touch because there's no property damage between the two vehicles and no police report establishing a collision. His damage is self-inflicted by his own unsecured load. If he does file, his own comp or collision coverage is probably more applicable than your liability. His adjuster will likely tell him the same thing once they actually look at it.

  • 18
    tidy-newt-134

    A few things worth doing right now: (1) Write down a detailed timeline of the whole thing while your memory is sharp — what street, what time, weather, speed estimates, exactly what the officer said. (2) If you have any dashcam footage even partial, back it up immediately. (3) That incident note from the officer, even if it's not a full report, is still a document — try to get a copy from the department. That note with the officer's observations about the unsecured cargo could matter a lot if this escalates.

  • 16
    tidy-seal-111

    Not legal advice, but generally speaking, liability requires that your actions actually caused the damage. If there was no contact and the damage resulted from the other party's own unsecured load shifting during their own braking, causation is a real problem for any claim against you. The fact that the officer noted the cargo issue contemporaneously is significant. If you get any written demand or hear from his insurance formally, it might be worth a free consult with a PI attorney just to know where you stand.

    • 7
      kind-parent851

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

  • 17
    curious-marten-092

    Was there a dashcam? Because without footage, it's going to be your word against his on how fast you were both going and how much of the lane you were occupying when he braked. The unsecured cargo thing is clearly on him, but the merge itself could still be questioned depending on what witnesses say. Just being realistic.

  • 8
    careful-stoat-886

    This sounds so stressful, I'm sorry. The fact that the officer basically backed you up in the moment is huge. Just make sure you keep copies of everything and don't let this guy bully you into thinking you did something wrong.

  • 15
    clear-otter-608

    Honestly the best outcome here is that nobody actually got hurt and your car is completely fine. If he tries to pursue something, the paper trail sounds like it's on your side. This could end up being a lot of noise that goes nowhere.