The Shoulder
The Shoulder
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Legal questionshumble-swan-257

Other driver went silent after the crash — do I wait or get a lawyer now?

Hey everyone, hoping someone here has dealt with something similar because I genuinely don't know what to do next.

So I was rear-ended pretty badly about two weeks ago at a busy intersection. The other driver stuck around at the scene, we exchanged info, everything seemed fine. But now nobody can reach them — my insurance company says they've tried calling multiple times and gotten nowhere, and I'm still waiting on the official police report to even confirm whether this person had valid coverage at the time.

My adjuster basically told me to "sit tight" while they keep trying to track down the other driver's insurance status. But I'm not really in a position to just wait around. My neck was stiff at first and I figured it would go away, but it's been getting progressively worse — what started as minor tension headaches has turned into pretty intense pain that's affecting my sleep and my ability to work.

I've got a few questions swirling around:

  • Is there any real downside to contacting an attorney before I even know if the other driver is insured?
  • If they turn out to be uninsured, does that completely change how things work?
  • Should I be documenting my symptoms more formally right now, or does that come later?

I feel like my adjuster is on my side but also... she works for my insurance company, you know? I don't fully know whose interests she's actually protecting here.

Any advice from people who've been through something like this would mean a lot. I feel pretty lost and the pain isn't helping my stress levels.

16replies

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16 replies

  • 18
    bright-swift-940

    The part about your headaches getting worse is worrying me more than the insurance stuff honestly. Please see a doctor if you haven't already — and I know it feels like a lot to manage when you're already stressed, but you deserve to have someone in your corner on the legal side too. You shouldn't have to figure all this out alone.

    • 6
      keen-wolf-263

      Quick question — did you file a claim with your own insurance already, or are you only going through the other driver's (unknown) coverage? And do you actually have uninsured motorist coverage on your policy? Those details change the advice a bit. Some people find out they opted out of UM coverage and that complicates things significantly.

    • 10
      tired-driver438

      Seconding this. The same approach worked for me last year.

    • 2
      soft-spoken-mile-marker733

      Following up on this — any update on how it turned out?

  • 16
    steady-stoat-023

    I was in almost the exact same situation last year — other driver basically vanished and nobody could confirm their coverage for weeks. I waited thinking it would sort itself out and I regret it. By the time everything was clear I'd already made some statements to my adjuster that apparently complicated things. Talk to a lawyer first, even just to know what NOT to say going forward.

    • 12
      clever-crow-006

      Please don't ignore the escalating head and neck pain. Symptoms that start mild and get worse over days or weeks after a collision can sometimes indicate something that wasn't obvious on initial evaluation. If you haven't been seen by a doctor recently, go now — not just for your health, but because having a consistent medical record that tracks your symptoms from close to the accident date really matters later. Don't let a gap in treatment work against you.

    • 2
      patient-driver161

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

    • 7
      level-sidewalk809

      Thank you both, this gave me the push I needed to make the call.

  • 14
    brave-beaver-779

    Don't wait. Seriously. The "sit tight" advice benefits your insurance company, not you. Consult an attorney now — most PI lawyers do free consultations and work on contingency, so it costs you nothing to at least understand your options. You can always decide not to hire anyone after talking to them.

    • 16
      keen-sparrow-524

      Your instinct about the adjuster is correct. She's not your enemy, but she absolutely has a job to do for her employer, and that job is not the same as protecting your claim. The "wait and see" approach conveniently delays you from building a case. Don't let them run out the clock on you.

    • 3
      honest-dreamer628

      Same boat here. Did anyone mention a deadline to watch out for?

  • 14
    bold-mole-346

    I used to work on the claims side and I'll be honest — when adjusters say "sit tight" it's not always malicious, but the waiting period can work against claimants in subtle ways. Medical records, witness memories, documentation — it all gets murkier with time. Also, if the other driver IS uninsured, your own uninsured motorist coverage kicks in, and that's a whole different process you'll want guidance on sooner rather than later.

    • 18
      humble-hare-005

      A few practical things worth knowing: (1) Most states have a statute of limitations on personal injury claims, so time does matter even if it feels far away. (2) If the other driver is uninsured, your UM/UIM coverage becomes the main avenue, and your own insurer essentially becomes the opposing party in that scenario — which is exactly why having independent representation matters. (3) The police report is important, but you don't have to wait for it to start consulting attorneys.

    • 7
      plainspoken-backseat597

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

  • 14
    bright-owl-996

    The fact that you're asking questions this early is genuinely a good sign. A lot of people don't start paying attention until months later when things have already gone sideways. You have time to get ahead of this — get checked out medically, document everything, and at minimum have a free lawyer consult. You're not behind yet.

    • 6
      honest-commuter782

      Appreciate the detailed write-up. Saving this for later.