The Shoulder
The Shoulder
60
Car accidentshearty-elk-364

My own insurer keeps changing their story to keep me at fault for a hit and run — seriously??

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

Back in the spring I was completely sideswiped by a driver who blew out of a gas station exit at full speed, clipped my front quarter panel, and just... kept going. Didn't stop, didn't pull over, nothing. Classic hit and run. I had my dashcam running the whole time and a neighbor's security camera also caught the whole thing from a different angle.

I filed with my own insurance under uninsured motorist coverage since the other driver fled. My adjuster came back and hit me with a partial fault determination — said I "could have done more to avoid the collision." Avoid it? The guy shot out of a gas station exit like a rocket. There was maybe a second and a half between him appearing and the impact.

Here's where it gets wild: I pushed back and sent over both camera angles. My adjuster then shifted her reasoning. First it was that I was moving too fast. Then, after I showed her my speed was totally normal for that road, suddenly it became that I was in his "blind spot" and should have anticipated he might not see me.

These are two completely different explanations — neither of which holds up when you actually watch the footage. It feels like she's just hunting for any justification to keep that fault percentage on me.

Has anyone else dealt with their own insurer playing moving goalposts like this? Do I have any real options here, or am I just stuck arguing with a wall? I'm honestly starting to wonder if I need someone in my corner on this because I feel completely outmatched.

12replies

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12 replies

  • 22
    plain-lynx-951

    Oh wow, this is almost exactly what happened to me two years ago. Different details but same energy — my adjuster kept shifting the reason I was "partly at fault" every time I countered her logic. What finally helped me was sending a written summary of every inconsistency, timestamped with what she said in each email or voicemail. Once it was all laid out in one document it was hard to ignore. Hang in there, you're not crazy.

    • 18
      genuine-hare-455

      Not doubting you at all, but just want to make sure you've covered your bases — did you get a copy of the police report and confirm it doesn't mention anything that could be read as contributing fault on your part? And when you submitted the footage, did you confirm they actually received and reviewed both angles, or just one? Sometimes stuff gets lost in the shuffle and the adjuster is working off incomplete info without realizing it.

    • 9
      curious-wanderer957

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

    • 8
      restless-co-pilot342

      Saving this whole thread. Really appreciate the honesty here.

  • 8
    swift-vole-443

    This is a known tactic. If they can attach any percentage of fault to you, they reduce their payout. Your own insurer is not your friend in this situation — they're a business looking at the bottom line. Don't let the friendly phone voice fool you. Document every single communication from here on out, and be careful what you say.

    • 16
      sharp-fox-303

      I used to work claims and honestly this pattern you're describing — where the stated reason keeps changing after the insured pushes back — that's a red flag. When I was on the inside, if a rep was cycling through justifications like that it usually meant the original finding was shaky. The good news is that inconsistency can actually work in your favor if this gets escalated. Ask to have your file reviewed by a supervisor and specifically note in writing that the rationale has changed multiple times.

    • 19
      humble-kestrel-021

      A couple of things worth knowing: most states have a formal process to dispute a fault determination with your insurer — sometimes called a re-investigation request or an appraisal process. Check your policy documents for the dispute or appeals language. Also, if your state has an insurance commissioner's office (they all do), filing a complaint there is free and sometimes lights a fire under an insurer faster than anything else. I'm not giving legal advice, just pointing you toward public resources.

  • 14
    calm-vole-846

    Not legal advice, but what you're describing — an insurer who keeps changing their factual basis to sustain the same conclusion — is something an attorney who handles first-party insurance disputes would find very interesting. Most PI attorneys offer free consultations and some specifically deal with bad-faith insurance issues. At minimum it might be worth a 30-minute call just to understand your options. The fact that you have footage contradicting each new reason they give is significant.

  • 8
    tidy-elk-448

    Stop calling. Put everything in writing — email only from this point forward. When people know their words are documented they tend to get a lot more careful. Then send a single email that lays out the timeline: what reason #1 was, what evidence refuted it, what reason #2 was, what evidence refutes that, and so on. End it by formally requesting a supervisor review. If that goes nowhere, file with your state insurance commissioner. That's your path.

    • 7
      tired-survivor734

      How long did it end up taking in your case?

  • 16
    genuine-dove-667

    This sounds absolutely exhausting, especially when you're the one who got hit and the other driver just drove off. I'm so sorry you're dealing with this on top of everything else. Please make sure you're taking care of yourself through all this — the stress of fighting insurance on top of dealing with repairs and everything is a lot.

    • 6
      thankful-sidewalk936

      Took me three tries but they finally budged. Don't give up.