The Shoulder
The Shoulder
54
Insurancebrave-dove-976

My own insurance blamed me for a rear-end crash I have on dashcam — how is this real?

I genuinely cannot believe I'm typing this but here we go.

A few months back I was sitting at a red light — completely stopped, nobody in front of me — when I got slammed from behind. Hard enough that my car got pushed into the intersection. The driver behind me didn't brake at all, based on what witnesses said. Police came, wrote up the report, and it's pretty clear who caused what.

Here's where it gets wild: my own insurance company comes back and tells me I'm partially at fault because I was "in a position where the collision was foreseeable." I don't even know what that means for a stopped car at a red light??

My dashcam caught the whole thing. I uploaded it and sent it over immediately. They acknowledged receiving it. And still — partial fault on me.

Since then:

  • They lowballed my car's value by what feels like several thousand based on comps I found myself
  • My premium jumped significantly at renewal even though I didn't cause anything
  • Every time I call I get a different rep who seems to have never read my file

I've been dealing with neck and shoulder pain since the accident and I'm still going to PT. So this isn't just about the car — there's a real injury piece too that I'm worried they're going to lowball or ignore.

Is this normal adjuster behavior or does this cross into something more serious like bad faith? Has anyone successfully pushed back on a fault determination when you had video proof? I feel like I'm screaming into a void here.

Any insight appreciated — even just knowing others have been through this helps.

12replies

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12 replies

  • 10
    warm-vole-556

    The 'foreseeable position' thing is such a cop-out and I've heard variations of it before. After my accident I got blamed partially for being in the right lane near an on-ramp — like somehow I should have predicted someone would merge into me at highway speed. Dashcam saved me too but it still took months of going back and forth before they adjusted the fault split. Don't give up on the video evidence, seriously.

    • 22
      clever-hare-451

      I worked in claims for a long time and I'll be honest with you — partial fault determinations on rear-end crashes are sometimes used as a negotiating lever, especially when there's an injury claim attached. If they can get you to accept even 20% fault, that reduces what they owe you on the bodily injury side. It doesn't mean it's right, it just means you should know what's happening. Push back in writing every single time. Phone calls are easy to lose. Emails and letters create a paper trail they have to respond to.

  • 19
    clever-crow-124

    The premium hike alone after a not-at-fault accident would have me shopping carriers immediately AND filing a complaint with your state's department of insurance. Adjusters know most people won't escalate. A formal complaint changes the dynamic fast — suddenly your file gets a lot more attention.

    • 11
      keen-swan-277

      What state are you in? And did the at-fault driver's insurance get involved at all, or has this been entirely through your own carrier? That changes the dynamic quite a bit. Also curious — did you get a copy of the actual police report or just the officer's word at the scene? The written report is what matters.

    • 0
      careful-wanderer870

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

  • 13
    candid-badger-374

    A few things worth knowing: most states have regulations around how long insurers can take to make a coverage/fault decision, and also rules about using not-at-fault accidents to raise premiums (though this varies by state). Get a copy of your full claim file — you're usually entitled to it. And document every single interaction: date, time, who you spoke to, what they said. If this ever escalates to a bad faith complaint or lawsuit, that log is gold.

  • 7
    calm-bison-813

    Please don't let the insurance chaos distract you from your actual recovery. Neck and shoulder injuries from rear-end impacts can take a really unpredictable course — some people feel fine for weeks and then symptoms ramp up. Make sure every PT visit and every symptom is documented in your medical records. That paper trail matters enormously if there's a claim for your injuries later.

  • 23
    plain-elk-283

    Not legal advice, but: a dashcam video showing a stopped vehicle getting rear-ended is about as strong as evidence gets for disputing fault. If you haven't already, it may be worth a free consultation with a PI attorney specifically about the injury claim — not just the property damage. Sometimes the car value fight and the injury claim are better handled separately, and an attorney on the injury side works on contingency so there's no upfront cost. The bad faith question is a separate layer and harder to prove, but the premium increase and shifting fault determination could be relevant facts.

  • 10
    cool-dove-042

    Stop calling them. Seriously. Every conversation you have on the phone is unrecorded on your end and they can just say 'we have no record of that.' Send everything via email from here on out and keep a folder. Also get your own independent appraisal on the vehicle value — you're allowed to dispute their number and in most states they have to at least respond to a competing appraisal.

    • 10
      patient-walker297

      How long did it end up taking in your case?

  • 14
    patient-wolf-737

    This sounds so exhausting on top of dealing with actual physical pain from the crash. I'm sorry you're going through this. Hoping you get some real answers soon.

    • 3
      kind-traveler791

      Going through something similar right now. Did following up actually move the needle for you?