The Shoulder
The Shoulder
69
bright-mole-463

Other driver admitted fault on video at the scene — now his insurer is denying everything??

I'm so frustrated I don't even know where to start. My daughter got hit last month while making a left turn on a dedicated green arrow — the kind where cross-traffic is completely stopped. She had the arrow, she went, and some guy blew through his red and clipped her rear quarter panel hard enough to spin her car halfway around.

Police showed up but since nobody was hauled away in an ambulance they basically just told them to swap info and left. Here's the thing though — the other driver was super cooperative at the scene. He literally pulled out his phone and recorded a short video of both of them, and in it he clearly says he ran the light. My daughter also took photos of both cars and the intersection.

Fast forward to now: we filed against his insurance, and they're telling us they're not accepting liability. Their adjuster said something about my daughter having an opportunity to avoid the collision and that they "cannot locate" the video the guy supposedly recorded. 🙄 Shocker.

I'm pretty sure the guy told his insurer a totally different story once he realized he'd be on the hook. The intersection has a dedicated signal — when her arrow is green, his light is 100% red, no ambiguity.

Does his insurer even have an obligation to investigate properly? Is that video gone forever if he deleted it from his phone? Are there any traffic cameras at intersections that might have caught this? We're in a state with comparative fault rules so I'm also worried they'll just try to pin some percentage on her to reduce what they pay.

Has anyone dealt with something like this? I feel like we have a strong case but I don't want to get steamrolled by a claims department.

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

  • 20
    sharp-crane-653

    This is almost exactly what happened to me a couple of years ago. The other driver was totally apologetic at the scene, basically confessed, and then the moment his insurance got involved it was like a switch flipped. They low-balled everything and tried to say I was 20% at fault. I ended up talking to a PI attorney and honestly it changed everything — they know how to push back on that "last clear chance" nonsense. Don't let the adjuster bully you into thinking it's a gray area when it clearly isn't.

    • 17
      steady-sparrow-894

      Stop dealing with his insurance directly. Full stop. They are not on your daughter's side — they are paid to protect their policyholder. Get an attorney involved, let them handle the communication, and don't say another word to that adjuster.

  • 18
    careful-tern-357

    "Cannot locate the video" is such a classic deflection. They didn't even try to locate it — why would they? Their whole job at this stage is to minimize what they pay out. Do NOT let your daughter give a recorded statement to his insurance company without talking to someone first. They will use anything she says to build a comparative fault argument against her.

  • 20
    bold-elk-249

    I used to work claims. When a driver calls in and tells a story that contradicts what they said at the scene, we're generally supposed to investigate both versions — request any available footage, check for witnesses, look into traffic camera data. Whether that actually happens depends a lot on the adjuster's workload and, honestly, their incentives. If you have any evidence of that video existing — like a text message where he mentioned recording it, or any screenshot — hold onto it. That kind of thing matters.

  • 11
    bright-wolf-746

    A few things worth knowing: first, traffic or intersection cameras are often owned by the city or the DOT and footage gets overwritten pretty quickly — sometimes within 2-3 weeks. If you haven't already, you or an attorney should send a preservation letter ASAP. Second, even if the driver deleted the video from his phone, metadata and deleted files can sometimes be recovered with proper legal process (subpoena). Third, any witnesses who saw the crash — even someone who just saw the light sequence — can be really valuable. Not legal advice, just stuff I've seen come up a lot.

  • 17
    careful-newt-841

    The "last clear chance" doctrine is real but it's also often misapplied by adjusters as a scare tactic. In most comparative fault states, even if a jury found your daughter had some tiny window to avoid the crash, that doesn't erase the other driver's liability — it might reduce a payout by a percentage, but it doesn't flip the whole thing. The dedicated green arrow is a strong fact in your favor. Get a free consult with a PI lawyer — most won't charge unless they recover something. Not legal advice, just context.

    • 0
      mellow-mile-marker819

      This thread is gold. Thanks everyone.

    • 1
      gentle-optimist625

      Same boat here. Did anyone mention a deadline to watch out for?

  • 12
    bold-swift-084

    One thing people overlook after "minor" crashes — please make sure your daughter has seen a doctor if she has any soreness at all, even if it felt okay at first. Adrenaline at the scene masks a lot. Soft tissue stuff sometimes doesn't announce itself until a day or two later, and if she later needs to claim any injury-related costs, having that documented early is really important.

  • 10
    tidy-elk-501

    Just want to ask — did your daughter report this to her own insurance too? And does she have uninsured/underinsured motorist coverage or collision? Sometimes going through your own carrier first (and letting them subrogate against the other driver) is faster and less painful than fighting the other side directly. What does her own insurer say about it?