The Shoulder
The Shoulder
59
Insurancegentle-newt-065

Other driver's insurance just closed my claim and blamed me — I have dashcam proof??

I genuinely don't know where to turn right now so I'm posting here hoping someone's been through something similar.

About three weeks ago I was on the highway and had been cruising in the right lane for a good stretch before I signaled and moved left — the dashed line was clearly visible, I checked my mirrors, the whole thing. Out of nowhere the SUV behind me gunned it like he was trying to race past me, got boxed in by a box truck, then jerked right and clipped my rear quarter panel pretty hard. My car got pushed toward the guardrail and I almost lost control.

I have a dashcam. It shows me signaling, the lane markings, and the moment of impact. What it does NOT capture is the SUV's aggressive acceleration before the collision — that happened just outside my rear camera's angle.

Here's the problem: I filed a third-party claim with the other guy's insurer. They investigated and just emailed me saying their driver bears no liability because he was — I'm quoting — "maintaining his travel lane at the time of contact." They're saying I merged into HIM. I've emailed back twice. Nothing.

My own insurer says they'll cover repairs minus my deductible but my rates could go up. I really don't want that.

I'm trying to figure out:

  • Is there any point in pushing the other insurer further or are they just going to stonewall me?
  • Should I file in small claims?
  • Is an attorney even worth talking to for something like this?

Honestly open to hearing if people think I might actually share some fault here — I just want the full picture. Any advice appreciated.

12replies

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12 replies

  • 21
    spry-vole-120

    This is almost exactly what happened to me two years ago. The other driver's insurance denied my claim with nearly the same boilerplate language about their driver 'maintaining the lane.' I kept emailing and got nowhere for weeks. What finally moved things was filing a complaint with my state's department of insurance — not suing, not yelling, just that formal complaint. Suddenly they were a lot more responsive. Definitely worth trying before you spend money on court fees.

    • 8
      clever-beaver-500

      Not legal advice, but I'll say this: a denial from the other driver's insurer isn't a final legal judgment. You still have options — disputing through your own insurer's subrogation process, filing in small claims, or consulting a PI attorney. Most personal injury attorneys do free consultations for stuff like this and can at least tell you whether the facts support pushing harder. The dashcam footage combined with damage location could be more compelling than the insurer is letting on. Worth a conversation.

  • 14
    clever-bison-249

    That 'maintaining their travel lane' language is copy-paste denial speak. They use it constantly because a lot of people just give up and go away. They are absolutely counting on you to get frustrated and either eat the cost or just go through your own insurance. Don't disappear. Keep every email. Screenshot everything. The moment you go quiet, you lose.

    • 4
      careful-dreamer636

      Really glad you posted an update — gives the rest of us some hope.

  • 18
    quiet-raven-654

    I used to work claims for a large carrier and I'll be real with you — when the footage doesn't capture the other vehicle's actions leading up to impact, adjusters have a lot of room to write the narrative however protects their insured. Your dashcam is helpful but it's not airtight from their perspective. That said, a formal written dispute with a clear timeline and any other supporting evidence (photos of final resting positions, skid marks, your damage location) can force a re-examination. Damage location matters a lot — a rear quarter hit tells a story about where each car actually was.

    • 19
      plain-marten-435

      A few practical things: First, send your next communication to them via certified mail, not just email — creates a paper trail they can't ignore as easily. Second, look up whether your state requires insurers to respond to disputes within a certain timeframe; many do and violations can be reported. Third, if you go the small claims route, subpoena the other driver's recorded statement from the insurer if you can — that statement is part of the claims file.

    • 5
      weathered-sidewalk238

      Saving this whole thread. Really appreciate the honesty here.

  • 11
    clever-stoat-769

    I don't doubt you but I want to make sure I understand — when you say the dashed line was 'clearly visible,' how long had it been dashed before you moved over? And was the SUV already alongside you at all before you initiated the merge, or did he accelerate after you started moving? The answer to that second question is kind of everything here.

    • 6
      quiet-optimist893

      This is really helpful — thank you for posting it.

  • 13
    wise-tern-743

    Please don't let the insurance fight distract you from how you're feeling physically. Getting pushed toward a guardrail at highway speed is a real jolt to your body even if you don't feel it immediately. Soft tissue stuff and the kind of tension injuries that come from grabbing the wheel hard can take days or weeks to show up. See a doctor sooner rather than later — both for your health and because documented injuries matter if this escalates.

  • 7
    clear-badger-624

    I'm so sorry, this sounds incredibly stressful. The idea that you did everything right, have video of it, and they're STILL blaming you is just maddening. Please don't just pay out of pocket and let this go — that feels like letting them win when you didn't do anything wrong.

  • 11
    cool-mole-889

    Three options, ranked by how I'd approach it: (1) File the state insurance department complaint this week — free, fast, and insurers hate them. (2) Talk to a PI attorney before you do anything else — seriously, free consult, no commitment. (3) Small claims is a real option but do the other two first so you know what you're working with. Do not just go through your own insurance and eat the deductible without exhausting these steps.