The Shoulder
The Shoulder
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Insurancecalm-vole-995

Parked car got smashed, at-fault driver's insurance is ghosting me — what do I do?

So my car was sitting legally parked on the street outside my apartment when someone backed into it and took off half the front bumper and crumpled the hood. I wasn't even in it. A neighbor saw it happen and gave me the other driver's info, so I know exactly who did it and they admitted fault at the scene.

Here's where it gets frustrating. I've been trying to file a claim with the at-fault driver's insurance for almost two weeks now. I've submitted the online form twice, called their claims line four or five times, and I've just been bounced around or put on hold until I give up. Nobody has called me back. No adjuster assigned. Nothing.

My car is drivable technically but barely — the hood isn't latching right and I'm scared to take it on the highway. I use it to get to my job across town and I can't afford to just not have it.

I got one shop estimate so far and it's way more than I expected for what looks like cosmetic damage. I'm wondering if I can source some parts myself and bring the cost down, or if that complicates the insurance claim.

I've also been reading a little about small claims court as a backup option if the insurance keeps stonewalling me. Is that actually realistic? Has anyone gone that route?

This car means a lot to me — it was my grandpa's and I'm not getting rid of it regardless. I just want to get it fixed and move on. Any advice on how to light a fire under this insurance company would be really appreciated. 🙏

13replies

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13 replies

  • 19
    clear-grouse-613

    Small claims is absolutely a real option and people use it for exactly this situation. You'd sue the driver directly, not the insurance company — that's an important distinction. The insurance company would likely step in to defend/pay anyway, but naming the driver is how you get in the door. Check your state's small claims limit (usually somewhere between $5k-$10k depending on where you are) and the filing fee is usually pretty low. The neighbor who witnessed it could be really valuable — get a written statement from them now while it's fresh.

    • 7
      curious-neighbor291

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

  • 19
    candid-seal-366

    I know this is mostly a car/insurance question but — were you checked out after the incident? Even though you weren't in the car, if you were nearby or startled/fell rushing over to it, sometimes people brush off minor stuff in the stress of the moment. Probably fine, just mentioning it because stress does weird things to your body and it's worth noting if anything feels off.

    • 11
      warm-kestrel-907

      I'm so sorry this is happening to you, especially with a car that has that kind of sentimental value. It's infuriating that you're doing everything right and just getting stonewalled. Rooting for you to get this resolved quickly 💙

  • 16
    bold-finch-315

    Not legal advice, but: an insurer that fails to acknowledge a claim or assign an adjuster within a reasonable timeframe may be violating your state's fair claims handling regulations. Those rules exist specifically to prevent this kind of runaround. A quick consult with a PI attorney (most are free) can tell you if there's any bad faith angle worth pursuing here. Sometimes just a letter from an attorney gets them moving faster than anything else.

    • 1
      patient-rider719

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

  • 15
    tidy-dove-867

    Ugh, I went through almost the exact same thing last year. The other driver's insurance just... ignored me for weeks. What finally worked for me was filing a complaint with my state's Department of Insurance. The second I did that, suddenly an adjuster called me within 48 hours. It's like magic — they do NOT want a regulator looking at them. Look up your state's DOI website, it takes like 15 minutes to file online.

    • 0
      calm-passenger557

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

  • 14
    keen-crane-973

    They're not accidentally missing your calls. Dragging their feet is a strategy — the longer they wait, the more likely you'll just go through your own insurance and leave them alone. Don't let them run out the clock on you. Keep a log of every single call: date, time, who you spoke to (or that no one answered), how long you waited. That paper trail matters if this escalates.

  • 12
    curious-otter-837

    Worked claims for years and I'll be straight with you — third-party claimants (that's you, since it's not your own insurance) are lowest priority in a lot of companies' queues. Your own insurer would fight harder on your behalf. If you have collision coverage, seriously consider filing through your own insurance and letting them go after the at-fault carrier. You'd pay your deductible upfront but get it back once subrogation is complete. Not always fast, but way less headache than chasing someone else's insurer yourself.

  • 7
    cool-swan-427

    Three things, in order: (1) File that DOI complaint today, not tomorrow. (2) Send a written demand letter via certified mail to the at-fault driver's insurance stating the damage amount and giving them a 10-day deadline to respond. (3) If nothing moves after that, file in small claims. Sourcing your own parts is fine for your own wallet but get the shop's written estimate first — that's your documented proof of damages for any legal or insurance process.

    • 7
      steady-optimist270

      This is exactly what I needed to read today. Thank you.

  • 6
    brave-beaver-938

    Quick question — did you get the other driver's insurance info confirmed in writing, like a photo of their insurance card? And did you file a police report at the time? Those two things make a huge difference in how seriously the insurance company (and a small claims judge) will take this. If it's just a verbal admission with no documentation it gets murkier.