The Shoulder
The Shoulder
59
gentle-tern-974

passenger of the car that hit me got out and started coming at me — did I handle it right?

so this happened last week and I'm still kind of shaken up about it honestly.

I was stopped at a red light, completely at a stop, when I got rear-ended pretty hard. Not a tiny tap — my head snapped back and my trunk was visibly crunched. The car that hit me pulls over and I get out to exchange info like a normal person.

Here's where it gets wild. The driver — fine, whatever, accidents happen — starts acting like the damage is totally minor and I'm overreacting. Like she's almost laughing it off. I wasn't screaming or calling names, but yeah I was upset and I made that clear. I pulled out my phone to start documenting everything (damage, plates, the scene) because I'd read you're supposed to do that.

Then out of nowhere, the passenger gets out. This person had literally nothing to do with the accident. They start walking toward me aggressively — not to help, not to exchange info — just coming at me. I kept my phone up because at that point I felt like I needed to document whatever was about to happen for my own protection.

Things escalated fast. The passenger knocked my phone out of my hand, it hit the pavement screen-first. I backed up toward my car, got in, locked the doors and called 911. The other car eventually left before police arrived.

I got the plate on video before all of this. Police came, made a report. My neck has been sore for days and I haven't slept great.

Did I handle this okay? Should I have done something differently? And honestly — does any of this affect my claim or my case if I end up needing one?

14replies

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14 replies

  • 19
    candid-crane-991

    Did the police actually file a report, or did they just take your info and leave? There's a difference between an officer writing up an official report and just making a note of the call. If you're not sure, call the non-emergency line and ask for the report number. You're going to need that document for basically everything going forward.

  • 18
    patient-grouse-588

    Whatever you do, do NOT give a recorded statement to the other driver's insurance without thinking it through first. They will absolutely try to use the fact that you were 'upset' at the scene to paint you as the aggressor or say you were 'erratic.' Insurance adjusters are trained to fish for anything they can use against you. Be careful what you say and to whom.

    • 6
      quiet-optimist586

      How long did it end up taking in your case?

  • 17
    careful-marmot-202

    Three things: 1) Get a medical eval today if you haven't. 2) Write down everything you remember right now while it's fresh — what they said, what happened in what order, what the passenger looked like. 3) Don't post about this on your personal social media. Anything you say publicly can get pulled into a claim. You're already doing the right things, just keep going.

    • 8
      hopeful-rider223

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

  • 17
    careful-marmot-947

    I just want to say — you were literally just standing there minding your business after someone hit YOU, and a stranger came out of nowhere to physically intimidate you. You have nothing to feel bad about. I'm glad you got in your car and called 911 instead of letting it escalate further. Take care of yourself first, okay?

  • 14
    wise-raven-307

    From the inside, I can tell you that the passenger getting out and assaulting you is actually a separate issue from the accident itself — and it's one most people don't think to document separately. You were smart to call police. Make sure that incident report specifically mentions the phone being knocked down and the passenger's behavior. That's potentially a separate civil matter on top of your auto claim, and having it in a police report keeps your options open.

    • 18
      humble-newt-533

      Not legal advice, but what you're describing potentially involves multiple separate claims — the rear-end collision itself, any personal injury from the impact, and arguably a battery claim against the passenger who knocked your phone away. Those don't all get handled the same way. I'd at least consult with a PI attorney before you settle anything with the insurer, especially since you're already showing physical symptoms. Most do free consultations and it costs you nothing to understand your options.

    • 3
      soft-spoken-co-pilot806

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

  • 10
    careful-sparrow-059

    You handled that way better than I would have. When I got rear-ended two years ago I was totally frozen and forgot to record anything — you actually kept your head together under pressure. The fact that you have the plate on video is huge. That alone can make or break things if they try to deny it later.

  • 8
    brave-hare-081

    Please don't brush off that neck soreness. Whiplash symptoms can be sneaky — sometimes the real stiffness and pain doesn't peak until 48-72 hours after impact, or even later. If you haven't already, go get checked out. An ER or urgent care visit creates a medical record that ties your injury directly to the date of the accident, which matters a lot if this becomes a claim. Don't wait until it gets worse.

    • 3
      tired-traveler441

      Appreciate the detailed write-up. Saving this for later.

  • 7
    swift-marmot-399

    The footage you captured before your phone hit the ground could be really important — even if the screen cracked, the video file might still be recoverable. Try backing it up immediately if you haven't. Also, since the other party left the scene before police arrived, depending on your state that could actually count as a hit-and-run even though they initially stopped, which might open up additional options under your own uninsured/underinsured coverage. Worth asking about when you talk to someone.

    • 0
      quiet-driver445

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