The Shoulder
The Shoulder
71
Insurancespry-seal-470

Other driver's insurance is splitting fault 50/50 but I did NOTHING wrong — what now?

This whole situation has me so frustrated I can barely think straight, so bear with me.

About three weeks ago I was sitting at a complete stop in a parking lot — waiting for a space to open up — when the SUV ahead of me suddenly threw it into reverse and came flying backward right into the front of my car. No warning, no brake lights, nothing. I laid on the horn but it was too late. Good chunk of damage to my bumper, hood is creased, and my front sensors are totally fried.

Here's where it gets infuriating. There was one other person nearby but they had already walked inside by the time the crash happened, so no witnesses. The lot didn't have cameras covering that section — I already asked the store manager.

The other driver told her insurance company that I rolled forward into her, which is an absolute lie. I was stopped. Her insurer called me, asked a few questions that felt weirdly leading, and then sent me a letter saying they're assigning 50% fault to each of us based on "conflicting statements."

I haven't signed or agreed to anything. My own insurer is involved now but they're moving slowly and I feel like I'm just sitting here while the clock ticks.

A few things I'm wondering:

  • Is 50/50 just a starting offer they throw out hoping you'll take it?
  • Does my own insurance fight on my behalf or are they kind of indifferent?
  • Should I even be talking to the other driver's insurer at all at this point?
  • Is getting an attorney actually worth it for a property damage + possible soft tissue situation?

I just want someone to tell me what the actual next steps are here. Feeling really lost.

13replies

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13 replies

  • 17
    warm-wolf-284

    I used to work claims and I'll be straight with you: when there are no witnesses and no camera footage, adjusters default to splitting liability because it's the path of least resistance internally. It closes the file faster and the injured party often just accepts it. It does NOT mean the investigation was thorough or fair. If you push back — in writing, formally — the file gets escalated and sometimes the split changes. Don't let them treat your silence as acceptance.

  • 17
    swift-stoat-748

    This sounds so stressful, I'm sorry you're dealing with it. The fact that she's outright lying about what happened would make me so angry. Please don't let them wear you down into accepting something that's not fair. You deserve to have this handled properly.

    • 2
      quiet-walker365

      Curious whether you did this on your own or had help with it.

  • 16
    steady-badger-849

    A few practical steps right now: (1) Send a written request to the store asking them to preserve any footage — even if they said there's no camera in that spot, get it in writing and make the request formally; sometimes cameras have wider angles than staff realize. (2) Document your injuries, even minor soreness, with a doctor visit — waiting too long can hurt you later. (3) Keep a running log of every phone call with both insurers: date, time, who you spoke to, what was said. That record matters.

    • 15
      genuine-bison-293

      Please get checked out medically even if you feel okay right now. Soft tissue stuff — neck, upper back — can take days or even a couple weeks to fully surface. If you wait and then try to connect it to the accident later it becomes a much harder argument. Just go in, describe what happened, and let the doctor document it. That visit protects you.

    • 9
      calm-kestrel-014

      Stop talking to the other driver's insurance. Full stop. Every conversation you have with them is an opportunity for them to find something to use against you. Let your own insurer handle communication or get an attorney. You're not required to negotiate directly with the at-fault driver's carrier.

  • 11
    calm-hare-695

    Not legal advice, but a couple of things worth knowing: in most states, a 50% fault assignment can significantly reduce or even eliminate your recovery depending on how comparative fault rules work where you are. That's worth understanding before you agree to anything. Also, many PI attorneys handle property damage and soft tissue cases on contingency, so cost shouldn't automatically be a reason to avoid a consultation. Most offer free ones.

    • 4
      plainspoken-mile-marker335

      Took me three tries but they finally budged. Don't give up.

  • 11
    patient-fox-805

    The good news here is that you haven't signed anything yet — that matters more than people realize. You still have options and you're asking the right questions early. A lot of people come here after they've already agreed to a lowball split. You haven't. That gives you room to push back the right way.

  • 9
    humble-crane-132

    I'm not doubting you, but I do have a question — when you say you were at a complete stop, were you stopped for a while or had you just come to a stop right before impact? The reason I ask is that the timeline can matter a lot if this ever goes further. Also, did you say anything at the scene that the other driver could be characterizing as an admission?

  • 5
    candid-stoat-734

    The 50/50 split is almost certainly a low-effort opening move. Adjusters know that a lot of people just accept it because they're exhausted and want it over with. Don't take the bait. The other driver's insurer works for their client, not for you — their whole job is to minimize the payout. Stop talking to them voluntarily until you know what your options are.

  • 5
    mellow-bison-652

    Almost the exact same thing happened to me in a shopping center last year. Other driver lied to his insurer and I got hit with a 40/60 split initially. I refused to sign anything, got a PI attorney involved, and the outcome was completely different. Hang in there and don't agree to anything in writing yet.

    • 2
      thankful-sidewalk683

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