The Shoulder
The Shoulder
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Insurancegentle-swift-984

Other driver is flat-out LYING and insurance split it 50/50 — what do I do?

I'm so frustrated I can barely type this out. My son was rear-ended at a red light about three weeks ago. His car had to be towed from the scene, he's been dealing with neck and back pain since, and now his insurance is telling him he's half at fault. For being rear-ended. At a red light.

Here's the kicker — the other driver is telling his insurance company the whole thing never happened. Like, what? My son has:

  • A dashcam clip that clearly shows the impact
  • Photos of the damage to both cars taken right at the scene
  • A timestamped text he sent me literally minutes after it happened describing everything
  • The other guy's info (got it before they drove off)

Because the two drivers gave conflicting statements, his insurer apparently just... split the fault down the middle. Now he's looking at his deductible coming out of his pocket AND his rates going up. He's a young guy, his premiums are already painful.

Has anyone actually fought a 50/50 ruling and won? His adjuster seems totally unmoved by the dashcam footage, which honestly makes no sense to me. Do we go above the adjuster's head? File a complaint somewhere? Get a lawyer involved?

Any advice from people who've actually been through this would mean a lot right now. We're not going to just roll over and accept this.

12replies

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12 replies

  • 17
    quiet-bison-842

    I used to work claims, so let me be honest with you: the 50/50 split is often a lazy default when adjusters hit conflicting statements and don't want to dig deeper. It protects the company in the short term. The dashcam footage should absolutely be changing the calculus here — if it clearly shows a rear-end impact with your son stopped, that footage needs to be formally submitted as part of a written dispute, not just mentioned in a phone call. Ask for the adjuster's supervisor and put your dispute in writing. Paper trails matter enormously internally.

  • 17
    kind-lynx-749

    Ugh, I'm so sorry. The idea that someone can just LIE and the insurance company shrugs and punishes the actual victim is infuriating. I hope you get this sorted out — please update us when you do.

    • 1
      tired-parent793

      That lines up with what my adjuster told me too.

  • 17
    mellow-dove-550

    Three steps: 1) Submit the dashcam footage formally in writing with a written dispute of the liability determination. 2) Ask for the adjuster's manager by name in that same letter. 3) File a complaint with your state's insurance commissioner simultaneously. Don't wait on one before doing the other. The squeaky wheel gets the grease here.

  • 15
    candid-bison-273

    Not legal advice, but a rear-end collision with dashcam evidence is about as strong a liability picture as you can have. If the insurer is still holding a 50/50 split after reviewing that footage, a personal injury attorney would likely be very interested in talking to your son — most do free consultations. Sometimes a single letter from an attorney prompts insurers to take a much harder look at their own determination. Worth a conversation at minimum.

  • 15
    bright-wren-634

    Please make sure your son is documenting every symptom — neck and back injuries after rear-end collisions can take weeks to fully show up. He should be seeing a doctor regularly and keeping records of every appointment, every medication, every day he couldn't work or do normal activities. That documentation matters a lot if this turns into a bigger claim or legal situation.

    • 7
      quiet-traveler254

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

  • 12
    clever-hare-995

    This happened to me almost exactly. The other driver lied to their insurer and mine just defaulted to 50/50 like it was the easy way out. What finally moved the needle was me writing a formal written dispute and CC'ing the state insurance commissioner's office on it. The adjuster's tone changed pretty quickly after that. Don't just call — put everything in writing and make it clear you're not dropping it.

    • 9
      quiet-dreamer179

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

  • 10
    mellow-newt-265

    Insurers bank on people just accepting these decisions because fighting them feels overwhelming. Don't. A 50/50 on a rear-end with dashcam footage is genuinely indefensible — they're hoping you'll pay the deductible and move on. Escalate, escalate, escalate.

  • 10
    tidy-kestrel-445

    A few things worth knowing: most states have an insurance commissioner or department of insurance that takes formal complaints, and insurers are required to respond to those. Filing one often gets cases re-reviewed by someone above the adjuster level. Also look into whether your state has an appraisal or arbitration process built into the policy — sometimes that's actually faster than fighting through the complaint process. Check the actual policy documents, there's usually a dispute resolution section buried in there.

    • 10
      weary-driver971

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