The Shoulder
The Shoulder
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Insurancebright-elk-228

Other driver's insurance says my husband is 100% at fault — but that's not what happened

Still kind of in shock dealing with this so bear with me.

My husband was heading to an early morning shift last week, driving through an intersection on a stale yellow — not gunning it, just maintaining speed like normal. A guy coming from the opposite direction decided to cut across traffic to make a left turn. Same yellow light, no arrow, nothing protected about it. They collided right in the middle of the intersection.

Now the other guy's insurance is telling us my husband bears full responsibility because he "entered on yellow." But so did the turning driver! From everything I understand, the person making the left turn is supposed to yield to oncoming traffic regardless. That feels like basic driving logic to me.

Here's where it gets complicated:

  • No police came to the scene. They said since it was just property damage they wouldn't respond.
  • The other driver verbally said he thought he could make it — basically admitted he misjudged the gap. My husband heard it, but there's no recording.
  • We do have a dashcam, but the mount snapped during the impact and the camera slid onto the passenger floor. The footage timestamp is way off (never set it up properly) but the actual video shows what happened pretty clearly.
  • Our insurance is handling it but the adjuster seems... not that engaged, honestly.

I guess my questions are: does dashcam footage still matter even with a wrong timestamp? Does the left-turn driver not automatically carry more fault here? And is it normal for the other side's insurance to just declare 100% fault against us right out of the gate like this?

Any experience with this kind of situation would really help right now. 😔

13replies

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13 replies

  • 15
    steady-swan-439

    We went through almost the exact same thing — left turn driver, disputed fault, the other insurance acting like their guy did nothing wrong. What I learned the hard way is that the other driver's insurance is NEVER on your side. They're working to minimize what their company pays out. Don't let them bully you into accepting fault that isn't yours.

    • 10
      steady-seal-157

      That "100% your fault" declaration on day one is a pressure tactic. They do it hoping you'll just accept it and go away. Don't sign or agree to ANYTHING in writing until you understand what you're actually signing. They love catching people off guard when they're still stressed and confused from the accident.

    • 0
      grounded-road-soul310

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

    • 16
      humble-crow-405

      On the dashcam footage — a wrong timestamp doesn't automatically trash the video's usefulness. Metadata and context (time of day lighting, traffic patterns, even the sequence of events on screen) can help establish when it was recorded. An attorney reviewing the footage could advise whether it's worth submitting. Definitely don't delete anything or let the camera sit somewhere it could get damaged further.

  • 19
    spry-stoat-734

    I used to work in claims and I'll be honest — that opening fault determination is often more negotiating position than final verdict. The left-turn rule is well established in most states: the turning driver has the duty to yield to oncoming traffic. Your husband going straight on yellow is almost never considered equivalent fault to someone turning left into his path. Push back. Formally, in writing.

    • 0
      curious-commuter525

      This is really helpful — thank you for posting it.

    • 20
      keen-finch-554

      Two things to do right now: write down everything your husband remembers about what the other driver said at the scene — word for word, as close as he can get — and send it to your own insurance adjuster today. Witness statements fade fast. Also, ask your adjuster directly: "Are you disputing the fault finding on our behalf?" If they're wishy-washy about it, that's a problem.

    • 7
      mellow-swift-827

      Were there any actual witnesses around? Anybody on the sidewalk, nearby businesses with cameras, other cars stopped at the intersection? Because a verbal admission with no recording is hard to prove on its own, and the dashcam timestamp issue could get used against you if this escalates. Not saying you're wrong about what happened — just asking what else you have to back it up.

  • 19
    keen-crane-166

    Not legal advice, but the general principle in most jurisdictions is that a driver making an unprotected left turn carries a presumption of fault when they collide with oncoming traffic — yellow light or not. The timestamp issue with the dashcam is a credibility question, not necessarily a dealbreaker. If the other side is already staking out an aggressive position, it might be worth at least a free consult with a PI attorney before you say much more to either insurance company.

    • 8
      plainspoken-offramp118

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

  • 9
    calm-crow-005

    Just want to gently ask — is your husband doing okay physically? Sometimes the adrenaline from an accident masks soreness or stiffness that shows up a day or two later, especially in the neck and shoulders. If anything feels off, please get it checked and documented sooner rather than later. Medical records from right after an accident matter a lot if anything develops.

  • 15
    bold-crane-986

    Ugh, I'm so sorry you're dealing with this on top of the stress of the actual accident. The fact that the other driver literally said out loud that he misjudged it and your husband still gets blamed 100% is infuriating. I hope you get this sorted out — you deserve someone actually in your corner.

    • 6
      patient-survivor496

      That lines up with what my adjuster told me too.