The Shoulder
The Shoulder
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Legal questionspatient-kestrel-465

Other driver said they were fine at the scene — now months later their lawyer is calling my insurer??

I'm still kind of in shock and honestly don't know where to start.

Back in the spring I was involved in a pretty low-speed parking lot fender-bender. The other driver got out, we both looked at the vehicles, and she literally said out loud "I think we're okay, there's barely a scratch." We shook hands and went our separate ways. I know, I know — I should've insisted on exchanging info regardless. Lesson learned.

Fast forward to last week: my insurance company leaves me a voicemail saying the other driver has hired an attorney and is now claiming injuries from that incident. They want to schedule a recorded statement with me.

I've got a few things going for me — my insurer seems to be on top of it, and I actually had a dashcam running that day. But I've never been on this side of something like this and I genuinely don't know what to expect.

Some things I'm trying to figure out:

  • How normal is it for someone to wait months and then suddenly lawyer up?
  • Should I give that recorded statement, or talk to someone first?
  • What should I watch out for — are there mistakes people commonly make at this stage?
  • Does my dashcam footage actually help, and how do I make sure it gets used properly?
  • Is it worth getting even a one-time consultation with a PI attorney just to understand my position?

I'm not trying to be dramatic — I just feel blindsided and want to go into this with my eyes open. Anyone been through something similar?

12replies

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12 replies

  • 20
    candid-swift-260

    This happened to me almost exactly. Low-speed bump, other person waved me off, then silence for two months — then boom, attorney letter. The waiting-and-then-lawyering-up thing is more common than people think, unfortunately. The good news in my case was that my insurance handled it and I didn't have to do much, but I definitely wish I'd talked to someone before I gave any statement.

  • 20
    clever-stoat-189

    Please do not just call your insurer back and start talking without at least knowing your rights first. I don't care how friendly the claims rep sounds — that recorded statement is going into a file that could be used to limit what they pay out. Your insurer is ultimately protecting their interests, not just yours. Get at least a free consult somewhere before you say anything on the record.

  • 24
    clear-kestrel-137

    Spent years on the inside of this process. A few things from that experience:

    1. Delayed injury claims are extremely common — people wake up stiff, go to a chiropractor, the chiropractor recommends an attorney, and suddenly it's a case. It doesn't automatically mean fraud, but it also doesn't mean you're liable. 2. Your dashcam footage is genuinely valuable. Preserve it right now if you haven't — back it up in multiple places. Do not let the original file get overwritten. 3. Your insurer will assign a claims adjuster whose job includes managing their own exposure, not just protecting you personally. Being cooperative is fine; being unprepared is a different thing.

    • 0
      quiet-dreamer522

      Thanks for sharing. Hope things are getting a little easier for you.

    • 8
      level-overpass867

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

  • 20
    bright-sparrow-401

    From a process standpoint — you're at a pretty early stage and there's no reason to panic yet. The attorney on the other side reaching out through your insurer is just the opening move. What matters now is that you don't do anything that complicates your insurer's ability to defend the claim. That means: preserve your dashcam footage, write down everything you remember about the incident while it's still clear, and yes, it's totally reasonable to ask your insurer whether you should consult with your own attorney before giving a statement. Many policies actually include some form of legal support for exactly this situation.

  • 19
    genuine-elk-361

    Not legal advice, just some general context: you have every right to ask your insurance company whether you need independent counsel before giving a recorded statement. In most states, your insurer has a duty to defend you, but that doesn't mean their interests and your interests are always perfectly aligned. The dashcam footage is potentially significant — chain of custody matters, so don't just email it around carelessly. A one-hour consult with a PI or defense attorney could honestly save you a lot of stress here.

    • 3
      kind-passenger649

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

  • 19
    bright-wren-802

    Just want to add the other side of this — sometimes people genuinely don't feel hurt at the scene and then symptoms show up days later. Whiplash especially can be sneaky. I'm not saying that's what's happening here, but it's worth keeping in mind that the other driver may not have been acting in bad faith when she said she was fine. It doesn't change your situation legally, but it might make it feel less personal.

  • 7
    humble-crow-141

    Three things: back up that dashcam footage TODAY. Don't give the recorded statement until you've at least had a quick consult. And write down every single detail you remember about that day — what time it was, what the conditions were, exactly what she said, who was nearby. Memory fades and notes you write now will matter more than you think later.

  • 18
    daring-lynx-812

    Quick question — do you actually still have the dashcam footage? Because if it's been months and you hadn't flagged the clip, a lot of dashcams loop and overwrite automatically. If you don't have it anymore that changes the picture a bit. Also curious whether your insurer was notified when the accident happened or if this is the first they're hearing of it?

  • 17
    bright-otter-539

    Ugh, this sounds so stressful. You did everything in good faith and now you're stuck dealing with legal stuff months later. I don't have any expertise but I just want to say — don't go through this alone. Even just talking to someone who knows the process before you respond to your insurer sounds really smart.