The Shoulder
The Shoulder
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Insurancewise-fox-830

Parked car got demolished — other driver admitted fault but her insurance is stalling. Can they still deny me?

So this happened about six weeks ago and I'm still not sure what's going on with the claim, which is driving me crazy.

I was inside my apartment when I heard this huge crash. Went outside and found my car completely crunched — somebody had lost control backing out of a driveway and plowed right into the driver's side while my car was just sitting there parked, not moving, minding its own business.

The other driver was still on scene. She straight-up told me and two neighbors standing right there that it was totally her fault. I got all her info, we filed reports, and I even have footage from a Ring camera across the street that shows the whole thing clearly.

Here's where it gets weird. Her insurance opened a claim, and at first the adjuster seemed fine — acknowledged they got the report, said it was in review. That was weeks ago. Every time I call, I get a different story. Last call the adjuster actually said they were still "evaluating whether to accept the claim." I asked her point blank: how is there anything to evaluate? Her own insured admitted fault, I have video proof, and my car was parked.

She kind of fumbled and told me to just wait another week or two.

My car only has liability on my own policy so I can't just go through my insurance for this. I'm basically dependent on her insurance doing the right thing.

Can they actually deny this even with all that evidence? And if they do, what are my options? Do I have to take the driver herself to small claims or something? Has anyone dealt with this kind of runaround before?

12replies

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12 replies

  • 19
    bold-lynx-172

    That phrase "evaluating whether to accept the claim" is a red flag to me. Adjusters are trained to buy time. The longer they stall, the more desperate some people get and the more likely they are to accept a lowball offer just to be done with it. Don't let them wear you down. You have video and an admission — that's a strong position. Don't settle for anything weird just because you're frustrated.

    • 8
      mellow-co-pilot764

      Exactly my experience. Persistence paid off in the end.

  • 17
    gentle-bison-272

    I used to work claims and honestly the "still evaluating" language sometimes just means the file got stuck in a queue or the adjuster is overloaded. But it can also mean they're looking for any angle to reduce or deny — like questioning whether your car had pre-existing damage, or disputing the extent of the loss. With clear video evidence and an admission of fault, a full denial would be pretty bold on their part and hard to defend. That said, push back. Ask them in writing for a specific timeline and the reason for the delay.

    • 3
      honest-traveler268

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

  • 15
    silent-marmot-603

    Quick question — did the other driver actually admit fault in writing anywhere, like in the police report? Or was it just verbal at the scene? I'm not doubting you, I just know that verbal admissions at the scene sometimes don't make it into official records the way people expect, and that could be part of why they're hedging. The video sounds solid though.

    • 6
      kind-dreamer723

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

  • 14
    spry-elk-074

    This sounds so stressful, I'm sorry you're dealing with it. The fact that you have video is huge — try to hold onto that as your confidence boost when the runaround gets exhausting. You're not in the wrong here.

  • 8
    gentle-elk-486

    Ugh, this is almost exactly what happened to me two years ago. My car was rear-ended at a red light and the other driver admitted fault on scene, and her insurance STILL dragged it out for weeks before accepting. I genuinely think they do it on purpose to see if you'll just go away. Stay on them — call every few days and document every single conversation including the date, time, and who you spoke with.

    • 17
      brave-vole-314

      A few things that might help: First, send a written follow-up email or letter to the adjuster recapping the conversation where she said they might not approve — having that in writing matters. Second, look up your state's rules on third-party claim handling timelines. A lot of states require insurers to accept or deny a claim within a set number of days, and if they're blowing past that window, you can file a complaint with your state's department of insurance. That alone sometimes speeds things up fast.

    • 22
      hearty-wolf-551

      Not legal advice, but in general: a third-party insurer denying a claim where liability is this clear — admitted fault, corroborating video — would be unusual and risky for them. If they did deny, your options would typically include suing the at-fault driver directly in civil court, which would then pull her insurance back into it anyway. Talking to a PI attorney for a free consult wouldn't hurt if they deny or keep stonewalling — many handle property damage situations and can write a demand letter that gets things moving.

    • 2
      gentle-wanderer131

      How long did it end up taking in your case?

  • 8
    wise-wren-584

    File a complaint with your state insurance commissioner right now. Don't wait for "two more weeks." That complaint creates a paper trail and regulators actually do follow up. Insurers hate those complaints. Do it in parallel with continuing to call — don't do one or the other.