The Shoulder
The Shoulder
62
candid-vole-402

Parked car hit by a driver who then lied to BOTH insurances — what happens next?

So this whole situation has been a nightmare and I'm finally at a point where the property damage side is getting handled, but I have no idea what comes next and it's stressing me out.

Short version: I was sitting in my parked car on a residential street waiting for someone. A driver clipped my rear end pulling out of a tight spot, then just… started to pull away. I honked and got out, and she immediately started saying there was no damage, that the scrape was already there, the whole thing. I had my phone out pretty quickly so I caught a decent chunk of the conversation on video.

She pushed hard for me to just take some cash on the spot and not involve insurance. I said no. Filed with her insurance that same evening.

Here's where it got wild — within 24 hours she had called MY insurance and told them I had rolled backward into HER while she was legally stopped. Complete fiction. Thankfully I had a witness who saw everything, plus the video, plus the damage pattern on both cars honestly doesn't even support her version of events.

Her insurance eventually accepted liability and my car is getting repaired. But I'm still feeling kind of unsettled about the whole thing. A few things on my mind:

  • Can her insurance drop her or raise her rates significantly over this?
  • Could she actually come after me legally even though her own insurance accepted fault?
  • My neck has been sore since the day after — should I be opening a separate injury claim even though the repair claim is already moving?
  • Is there anything I should NOT be doing right now that could mess things up?

I'm not looking for anything crazy, I just want to make sure I don't accidentally leave myself exposed. Anyone been through something like this?

13replies

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13 replies

  • 14
    keen-dove-309

    The lying to your insurance part is what gets me — I had almost the exact same thing happen. Someone rear-ended me at a light and then told my insurance I had cut them off. It's so disorienting when you're already dealing with the stress of the accident and then suddenly you're defending yourself too. Glad you had video. That saved me as well.

    • 14
      swift-fox-497

      To answer your question about her policy — yes, a confirmed at-fault accident where she also filed a fraudulent counter-claim is going to follow her. Whether her carrier drops her depends on their internal guidelines and her prior history, but it's not going to look good for her at renewal. That's her problem though, not yours. Focus on your claim.

      Also, the fact that her own insurance accepted liability makes it very unlikely she comes after you. That acceptance is basically her carrier saying 'our insured was at fault.' If she tried to sue you personally, she'd be working against her own insurance company's finding.

    • 5
      patient-neighbor695

      This is really helpful — thank you for posting it.

    • 1
      restless-mile-marker748

      Adding this: keep copies of every email. It mattered for me.

  • 9
    spry-newt-083

    Do NOT let the property damage settlement close out if you're still having neck pain. Some adjusters will try to wrap everything into one quick payment and if you sign a release, that can be it — injury and all. Keep those claims separate and don't let them rush you.

  • 7
    careful-stoat-170

    Please don't brush off the neck soreness. Soft tissue injuries from impacts can take 24-72 hours to really show up and sometimes longer. Go get evaluated — not just for legal reasons, but for your own health. If it's nothing, great. But if it's a strain or something more, you want that documented early. Waiting makes everything harder to treat and harder to connect to the accident.

    • 12
      sharp-heron-307

      Quick question — did you actually get evaluated by a doctor yet or are you just noticing the soreness and hoping it goes away? Because the answer to that changes a lot of what the next steps look like. Also, when you say the repair claim is 'moving' — have you signed anything yet?

  • 18
    spry-beaver-295

    A couple of things worth knowing: First, yes, open a bodily injury claim separately from the property damage claim if you have any symptoms at all. You can have both open at the same time with her insurance. Second, try to keep a simple notes log — dates, symptoms, any appointments, how you're feeling day to day. It sounds tedious but it matters later if this goes anywhere. Third, the false counter-claim she filed could potentially be considered insurance fraud depending on your state, but that's typically something regulators or insurers pursue, not individuals.

    • 7
      tired-passenger382

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

  • 19
    warm-hare-193

    Not legal advice, but from a practical standpoint — if you have documented physical symptoms, even minor ones, it's worth at least a free consultation with a PI attorney before you talk much more with her insurance adjuster. Adjusters are not on your side even when they're being friendly. Once a bodily injury claim is on the table, the dynamic shifts. Most PI attorneys work on contingency so there's no upfront cost to just get a read on where you stand.

    • 8
      spry-swift-417

      Honestly you handled this really well. A lot of people in that moment either panic or just take the cash and then regret it later. You stayed calm, got the video, got a witness, filed promptly. That's why you're in a decent position right now instead of being stuck in a he-said-she-said with no proof.

    • 8
      quiet-parent615

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

  • 17
    hearty-owl-557

    Three things: 1) See a doctor this week, not next week. 2) Don't give any recorded statements to her insurance without talking to someone first. 3) Don't post specifics about this on social media. That's it for now. Everything else can wait.