The Shoulder
The Shoulder
66
Insurancemellow-hare-009

Other driver ran a red light and hit me — now their insurance says it's partly MY fault??

I honestly don't even know where to start with this. A few weeks ago I'm driving through an intersection on a green light, minding my own business, and this guy blows straight through the red and T-bones my passenger side. Police came, wrote up a report, the other driver even admitted to the officer he "didn't see the light." I thought this was about as open-and-shut as it gets.

Fast forward to dealing with his insurance company and suddenly they're telling me I was traveling "above the posted speed limit" and that I share some percentage of the fault. I was NOT speeding. There are no traffic cameras at that intersection and I don't have a dashcam (trust me, I'm buying one the second this is over).

My brother-in-law keeps telling me to just get a lawyer and stop talking to the adjuster, but I'm nervous about the cost. I've never dealt with anything like this before. I always assumed if someone ran a red light and the police report backed that up, the insurance company would just... accept it? Apparently not.

Has anyone else had an insurance company try to flip the blame even when the other driver was clearly at fault? How did you handle it? Did getting a lawyer actually help or did it just drag things out longer? I still have a sore neck and some shoulder pain I'm getting checked out, so this isn't totally resolved medically either. Really feeling lost here.

12replies

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12 replies

  • 16
    spry-marmot-090

    Oh man, this is almost exactly what happened to me two years ago. Other driver blew a stop sign, police report was crystal clear, and the insurance company still tried to say I was 'contributing' because I supposedly could have avoided the collision. It felt insane. I ended up getting a PI attorney involved and honestly it changed everything — the adjuster's tone completely shifted once there was a lawyer in the picture. Don't let them bully you into accepting blame that isn't yours.

    • 15
      plain-elk-923

      This is a classic adjuster tactic. They throw partial fault at you early because a LOT of people just accept it to make the headache go away. Every percentage of fault they pin on you is money they don't have to pay out. Stop talking to them. Seriously, every conversation is another chance for them to find something to use against you.

    • 2
      quiet-survivor691

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

  • 16
    patient-crow-071

    I used to work claims and I'll be real with you — when an adjuster floats a shared-fault theory this early, it's often a negotiating starting point, not a final determination. They're testing whether you'll push back. That said, if you don't push back (ideally through an attorney), that opening number has a way of becoming the final number. The police report is valuable, but they know how to argue around it if you let them.

    • 12
      clever-seal-578

      Ugh, I'm so sorry you're going through this on top of recovering physically. It just seems so unfair that you do everything right, get hit by someone who ran a red light, and somehow YOU end up having to fight for yourself. Please take care of your health first and don't let the insurance stress make you rush into anything.

  • 18
    spry-kestrel-754

    Not legal advice, but I'll say this: most personal injury attorneys work on contingency for cases like yours, meaning you pay nothing upfront and they only get paid if you recover something. So the 'I can't afford a lawyer' concern is usually a misconception in PI cases. Given that you're also still dealing with neck and shoulder symptoms, you really shouldn't be settling anything right now anyway — you don't know your full medical picture yet.

    • 1
      honest-survivor543

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

  • 16
    clever-vole-101

    Please don't ignore that neck and shoulder pain. Post-accident soft tissue injuries can take days or even weeks to fully show up, and if you settle before you know the extent of it, you could be left covering medical costs out of pocket. Get evaluated, follow through with whatever treatment is recommended, and keep every single document — visit summaries, bills, all of it.

  • 7
    curious-fox-648

    A few things worth doing right now: get a copy of the official police report if you haven't already, write down everything you remember about the accident while it's still fresh (time, weather, road conditions, exactly what the other driver said to the officer), and see if any businesses or homes near that intersection might have security cameras that captured the crash. Evidence like that can completely undercut the 'you were speeding' argument.

    • 5
      weary-dreamer480

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

  • 12
    wise-otter-896

    Stop taking calls from their adjuster without representation. Full stop. You're not legally required to give them recorded statements. Get a consultation — most PI lawyers do free ones — describe exactly what you told us, and let them tell you if you have a case. You almost certainly do. The partial-fault angle falls apart pretty fast when there's a police report showing he admitted fault at the scene.

    • 5
      calm-rider100

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