The Shoulder
The Shoulder
58
bold-marmot-430

Other driver's insurer says I cut them off — dashcam shows I was fully merged. What now?

Really frustrated and could use some outside perspective here.

Got rear-ended during morning commute last month. Traffic was crawling — the kind where everyone's inching forward and stopping every few seconds. My lane was ending so I merged left when there was a clear gap, signaled and everything. The other driver came up behind me and hit me.

Here's where it gets infuriating: his insurance is denying my claim and saying I made an unsafe lane change and that the accident is my fault.

My dashcam tells a completely different story:

  • I'm fully in the lane well before anything happens
  • There's a solid 4–5 seconds of me just sitting there in traffic before the impact
  • The hit comes from directly behind, not the side
  • I never even touched the car in front of me despite getting pushed forward

Damage on my car is all rear-facing too — back bumper and one tail light. Zero side damage. If I had cut someone off, wouldn't there be some side contact?

Their adjuster told me they reviewed the dashcam and denied it. But when I pushed back I found out they apparently hadn't even looked at my damage photos yet when they made that call. I asked for reconsideration and they still said no — basically told me to go through my own insurance if I want to pursue it further.

My deductible is pretty steep. So now I'm sitting here wondering if it's even worth filing with my own insurer and hoping they fight it through subrogation, or if I'm better off finding another route.

Has anyone dealt with a denial like this when you had dashcam footage clearly on your side? What did you actually do?

15replies

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15 replies

  • 17
    clever-swan-814

    Almost the exact same thing happened to me — merging situation, rear-end hit, and their insurance immediately blamed me. I filed through my own insurer and they went to bat for me in subrogation. Took a few months but I eventually got my deductible back. It's annoying to front the money but honestly it was worth not fighting the other company alone.

    • 11
      sharp-heron-395

      Not legal advice, but: the combination of dashcam footage and damage pattern you're describing is exactly the kind of evidence that tends to hold up well in disputes. The other carrier's version requires ignoring both. It might be worth a free consult with a PI attorney just to understand your options — many will review something like this at no cost. Sometimes a letter from an attorney changes how quickly an insurer 'reconsiders.'

    • 5
      hopeful-driver293

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

  • 14
    candid-heron-370

    That denial after 'reviewing the dashcam' without even looking at damage photos is a huge red flag. They made up their minds before doing a real investigation. Adjusters do this hoping you'll just give up and go away. Don't. The damage pattern alone — all rear, no side — directly contradicts their version of events. Document everything, including that detail about them not reviewing your photos when they first denied you.

  • 21
    wise-kestrel-117

    I used to do this job and I'll be honest — a quick denial on a merge claim is sometimes a first-pass tactic to see if the claimant pushes back. The fact that they upheld it on reconsideration internally doesn't surprise me either; those reviews are often done by the same team. Your real leverage is subrogation through your own carrier or filing a complaint with your state's insurance commissioner. Both put actual pressure on them in a way that a phone call to the claims line doesn't.

    • 16
      cool-raven-532

      Are you doing okay physically? Sometimes in slow-speed rear-ends people feel fine immediately and then neck or back stuff creeps up days later. If anything starts bothering you — stiffness, headaches, anything — see a doctor and get it documented sooner rather than later. Just mentioning it because I've seen people brush off symptoms and then have a harder time connecting them to the accident later.

  • 18
    plain-elk-488

    A few things worth knowing: when your insurer goes after theirs through subrogation or arbitration, they're arguing on your behalf — and inter-company arbitration tends to look pretty hard at physical evidence like damage location and video. Rear-only damage plus dashcam showing you fully merged is a strong factual record. Make sure you preserve that footage in multiple places and don't let the camera overwrite it. Also — filing a complaint with your state insurance regulator about the quality of their investigation costs you nothing and sometimes shakes things loose.

    • 9
      weary-commuter751

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

  • 15
    spry-wren-019

    File through your own insurance. Yes, the deductible stings upfront. But your carrier has actual leverage over theirs — you don't. Solo-fighting a denial against another company's adjuster team almost never goes anywhere. Let the insurers fight it out and get your car fixed now.

    • 5
      grounded-mile-marker492

      Exactly my experience. Persistence paid off in the end.

  • 7
    keen-sparrow-448

    Quick question — does your dashcam have a forward-facing view only, or does it capture the rear too? And does it show the moment of the actual merge, or does footage start after you're already in the lane? I'm not doubting you at all, just wondering how much of the full sequence is actually captured, because that might affect how useful it is in arbitration.

    • 0
      steady-passenger626

      Solid advice. Getting it in writing is the part most people skip.

  • 20
    gentle-tern-374

    This sounds so stressful, especially when you have the video and they're still saying it's your fault. I really hope you get this sorted — it sounds like the evidence is clearly on your side and it's just a matter of getting someone who'll actually look at it fairly.

  • 8
    spry-crow-431

    The good news is you're actually in a stronger position than most people in disputed claims — you have timestamped footage and physical damage that matches your account. A lot of people are fighting these things with nothing but their word. Hang in there, it's a slow process but the evidence working in your favor really does matter.

    • 6
      honest-rider720

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