The Shoulder
The Shoulder
64
Car accidentsplain-hare-053

Other driver caused the crash but now his story is completely different — what do I do?

I'm still kind of processing all of this so bear with me.

A few weeks back I was driving home from a late shift on a wet, foggy night. Traffic was moving slow, which was fine — I had plenty of space between me and the car ahead. Out of nowhere, the SUV in front of me just lurched to the right and then immediately stopped dead, like he changed his mind mid-lane-change. I had zero time. I braked, felt my wheels lock up on the slick road, and clipped his rear quarter panel before coming to a stop partly on the shoulder.

At the scene it was pretty clear to me — and honestly to the officer — that he made a weird, sudden move without signaling. The report seemed straightforward. I had minor soreness at the time but didn't think much of it. By the next morning my neck and shoulder were stiff as a board. Still dealing with that.

Here's where it gets wild: I just got a letter from his insurance saying he's claiming I was following too close and that I rear-ended him while he was "slowing down normally for traffic." That is not what happened. Not even close.

I have a dashcam but I'm not sure the angle caught the whole thing clearly. I also didn't get witness info at the scene because honestly I was shaken and just wanted to get home.

Is his insurance allowed to just... take his word for it? Can they really pin this on me when the police report exists? I feel sick about this. Any advice from people who've been through something similar would mean a lot right now.

12replies

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

12 replies

  • 24
    quick-hare-195

    A few things worth knowing: (1) Insurance companies typically do a liability investigation where they weigh both accounts along with evidence. A police report isn't automatically conclusive but it carries real weight. (2) If your state uses comparative negligence rules, even if they assign you some partial fault it doesn't necessarily mean you get nothing — it depends on the percentages. (3) Check whether there are any traffic or business cameras near the intersection. Footage gets overwritten fast so if you think any exist, someone needs to request preservation soon.

    • 18
      steady-elk-832

      Stop talking to his insurance. Be polite but say nothing substantive until you know more about what your own insurer is doing. Your insurance should be working this on your behalf. Have you looped them in yet? That's step one.

    • 8
      grounded-mile-marker249

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

  • 23
    quiet-seal-855

    Former adjuster here. Conflicting statements happen constantly and we were trained to look for things that corroborate one version over the other. Damage location on both vehicles, the police report narrative, any traffic cam footage in the area, even weather/road condition logs. If your dashcam got anything — even partial — submit it. Partial footage is better than nothing because it at least shows your speed and following distance going into the moment. Also request the police report if you don't have a copy yet. Sometimes there are details in the officer's notes that matter a lot.

  • 19
    quick-finch-899

    What does your dashcam footage actually show, even partially? And did the officer write anything in the narrative section of the report about the other driver's movements, or just record the contact point? Those two things would really change how I'd think about your position here.

  • 18
    candid-marten-345

    Oh man, this brought back my whole situation from last year. The other driver completely rewrote what happened once insurance got involved. What saved me was the police report AND photos I took at the scene showing where the damage was on both cars. Damage location can tell a story — like if you clipped his rear quarter it shows he moved into your path, not that you just blindly rear-ended him. Pull every photo you have and look at where exactly the contact points are.

  • 15
    candid-lynx-700

    I'm so sorry, this sounds incredibly stressful on top of already being hurt. The fact that he's flipping the story feels so unfair. Please take care of yourself physically first — the legal stuff can be sorted but you only get one body. Sending you patience because dealing with insurance while you're in pain is genuinely awful.

    • 5
      patient-survivor434

      How long did it end up taking in your case?

  • 14
    silent-finch-221

    Not legal advice, but this is exactly the kind of scenario where a quick free consultation with a personal injury attorney is worth your time. Conflicting liability claims, ongoing physical symptoms, and a dashcam with unclear footage — there's enough complexity here that having someone review the facts before you say much more to the other insurer could really matter. Most PI attorneys do free consults and don't charge unless they recover something.

    • 0
      honest-walker624

      Did you have to escalate, or did they come around after the first ask?

  • 12
    spry-tern-262

    Yes, unfortunately his insurance is absolutely allowed to take his word as a starting point. That's how they operate — they're not neutral parties, they represent their policyholder's interests. Don't give a recorded statement to his insurer without thinking carefully first. They will use anything you say to shift blame percentages onto you. Even something innocent like 'I didn't see him stop in time' can be twisted.

  • 7
    daring-sparrow-777

    Please don't ignore that neck and shoulder stiffness. Delayed-onset soreness after a collision is incredibly common — your body is flooded with adrenaline at the scene and you genuinely don't feel it right away. Get evaluated soon, both for your health and because there's a documented medical record tied to the accident date. Waiting too long can make it harder to connect the injury to the crash later.