The Shoulder
The Shoulder
63
wise-grouse-406

Other driver's insurer has ghosted us for 6 weeks — is this even legal??

I'm so frustrated I don't even know where to start.

Back in early spring, a delivery driver clipped the rear quarter panel of my car while pulling out of a loading zone. Pretty clear-cut — there were two witnesses, and the driver admitted fault on the spot. We exchanged info, I took a ton of photos, filed everything the right way. Felt like I was on top of it.

Fast forward to now: his employer's commercial insurance carrier has essentially fallen off the face of the earth. My own insurance company has made contact with them once, and since then — nothing. No callback, no email, no letter. Six weeks of silence.

My car is still sitting there with a crumpled rear panel and a taillight that's being held together with optimism. I can't afford to just pay out of pocket for the repairs, and I really don't want to burn through my own collision coverage for something that wasn't my fault.

Here's where I'm at and what I'm wondering:

  • Is there a point where their silence actually becomes a bad-faith claim issue?
  • Should I be going directly to the employer whose truck the driver was operating? Like, up the chain to their risk management or fleet department?
  • Should I file a complaint with my state's department of insurance about the carrier dragging their feet?
  • My own insurer keeps saying "we're working on it" but I feel like they're not pushing hard enough

I'm not a confrontational person but six weeks feels like they're just hoping I'll give up. Has anyone actually dealt with a commercial carrier stonewalling like this? What actually moved things forward for you?

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11 replies

  • 23
    bright-hare-375

    Not legal advice, but this situation is exactly why a lot of people at least consult with a PI attorney even if they think their case is 'simple.' Once an attorney sends a formal representation letter, the carrier is now legally required to communicate through them — and carriers tend to respond a lot faster when they know an attorney is watching the clock on bad-faith exposure. Most initial consultations are free. Might be worth a call just to understand your options. Not saying you need to litigate, but having someone in your corner changes the dynamic.

    • 14
      quiet-crane-873

      I just want to ask — are you doing okay physically? Sometimes in the scramble to deal with the car and the insurance stuff, people push through soreness or headaches and don't get checked out. If you have any lingering stiffness in your neck or back, even mild stuff, please see someone and get it documented. It matters more than people realize down the line.

    • 20
      wise-seal-018

      This sounds genuinely exhausting and I'm sorry you're dealing with it. Six weeks is such a long time to just be in limbo over something that wasn't even your fault. I hope one of the suggestions here actually gets things moving — you deserve to just have your car fixed and move on.

  • 12
    warm-marten-700

    Six weeks of silence is not an accident. Commercial insurers do this deliberately — the longer they delay, the more pressure you're under, and the more likely you are to either accept a lowball offer just to be done with it or make some mistake they can use against you later. Document every single call and email with timestamps. You're building a record right now whether you know it or not.

    • 21
      wise-sparrow-849

      Former adjuster here. Honestly? A lot of commercial claims sit in a queue because the file hasn't been fully assigned or the employer hasn't finished their internal incident report yet. That's not an excuse, it's just the reality of how disorganized large commercial accounts can get. Your best move is to call the carrier's main claims line — not the agent, the actual claims department — and ask for the specific adjuster assigned to your claim number. Agents often aren't the right point of contact for this stuff and they may not even know the file is stalled.

    • 1
      kind-neighbor576

      How long did it end up taking in your case?

  • 12
    careful-elk-859

    Three things, do them this week: (1) Call the employer directly, ask for risk management or whoever handles their fleet claims. Be polite but direct — tell them their carrier isn't responding and you need this resolved. (2) File a DOI complaint online, it takes 20 minutes. (3) If your own policy has collision coverage, ask your insurer about going that route and subrogating against the at-fault carrier. You'd pay your deductible upfront but get your car fixed now while your insurer chases them. Not ideal but beats driving a crumpled car indefinitely.

  • 9
    humble-owl-770

    Quick question — when you say your insurer 'made contact once,' do you mean they actually spoke to a claims adjuster at the other carrier, or just left a voicemail with the agent? There's a big difference. If it's the latter, your own insurer may not be pushing this through the right channels either.

  • 8
    candid-wren-974

    I dealt with almost this exact thing after a landscaping company truck sideswiped me. Commercial carriers are a whole different animal — they're slower, more bureaucratic, and honestly I think they count on you getting tired and going away. What finally worked for me was going directly to the employer's risk management department and CC'ing their carrier on the email. Once the employer started asking questions internally, things moved fast. Don't wait for the carrier to feel like calling you back.

    • 3
      mellow-backseat733

      Did the timeline change anything for you? Mine dragged on for weeks.

  • 8
    gentle-newt-292

    Filing a complaint with your state's Department of Insurance is absolutely something you can and should do if they've blown past the legally required response window. Most states require a liability insurer to acknowledge a third-party claim within a set number of days — often 10 to 15 — and to accept or deny within 30 to 45. Look up your state's specific rules. A DOI complaint won't magically fix everything, but it creates a paper trail and sometimes lights a fire under carriers who've been sitting on files.