The Shoulder
The Shoulder
52
Car accidentskind-tern-030

Posting for my sister — rear-ended 2 weeks ago, at-fault driver ghosting their own insurer. How bad is this?

Okay so I'm posting this on behalf of my little sister because she asked me to look into it and honestly the more I dig the more stressed I get.

Here's what happened: she got hit from behind at a red light about two weeks ago. The other driver pulled over, they swapped info, everything seemed fine in the moment. She did NOT call the police because the other driver was apologetic and her car "looked okay" at the scene. She snapped a few photos — mostly of her own bumper — and got a pic of the other person's insurance card. That's basically it.

She filed a claim with the at-fault driver's insurance right away. They opened a file, reached out to their own policyholder... and crickets. The other driver is apparently just not responding to their own insurance company. It's been two weeks.

My sister is now starting to feel neck stiffness and some headaches (she's going to urgent care tomorrow, finally). She's been avoiding filing through her own insurance because she's convinced her rates will spike.

My questions:

  • Does the other driver's silence actually work against them, or does it somehow hurt my sister's claim?
  • Is two weeks too long to wait? Is evidence basically gone at this point?
  • Does the fact that she was rear-ended at a complete stop help establish fault even without a police report?

I just want to make sure she doesn't accidentally tank her own case by waiting too long. Any advice from people who've been through something like this would be huge. Thank you 🙏

10replies

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10 replies

  • 8
    patient-swift-976

    I went through almost this exact situation last year. The at-fault driver ignored their insurer for weeks and I kept waiting, thinking it would sort itself out. It didn't — I finally just filed through my own insurance and let them chase the other company. My rates didn't actually go up because I wasn't at fault, and my insurer confirmed that in writing. Please tell your sister not to wait any longer.

  • 17
    quick-kestrel-572

    The other driver going silent is actually a known stall tactic — whether intentional or not, it benefits the at-fault side because the longer things drag, the harder it is to document injuries and damages. The other insurer can eventually deny the claim if they "can't confirm" what happened without their policyholder's statement. Your sister needs to stop waiting on them and take control of this.

    • 8
      patient-neighbor823

      Same boat here. Did anyone mention a deadline to watch out for?

  • 13
    candid-seal-455

    Former adjuster here. When a policyholder doesn't cooperate with their own insurer, the company can actually issue a "reservation of rights" or in some cases deny coverage entirely — which could leave your sister having to sue the driver personally. That said, being rear-ended at a stop is one of the cleaner liability scenarios we'd see. No police report hurts, but it's not a dealbreaker. Her photos, the other driver's insurance card, and any witnesses or traffic cameras in the area can still build a story. The neck pain showing up now is also very normal and very documented in rear-impact cases — get that urgent care visit on record ASAP.

  • 9
    curious-finch-932

    Really glad she's finally going to urgent care. Soft tissue injuries from rear-end collisions notoriously don't show up right away — the adrenaline masks a lot. Two weeks is actually still within a normal window for symptom onset to be taken seriously medically. Just make sure she tells them specifically that this started after the accident. That paper trail matters a lot.

    • 2
      calm-traveler602

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

  • 16
    gentle-fox-316

    A couple of practical things worth knowing: most states have statutes of limitations for personal injury claims that are measured in years, not weeks, so the claim isn't "dead" — but evidence does get harder to gather as time passes. Surveillance footage from nearby businesses or traffic cameras gets overwritten fast, sometimes within 30 days. If there were any cameras near that intersection, someone needs to send a preservation letter or request soon. Also, filing with her own insurance (assuming she has uninsured/underinsured or collision coverage) doesn't automatically mean a rate increase if she's documented as not at fault. Not legal advice, just process stuff.

  • 13
    kind-vole-560

    Not legal advice, but I'll say this: rear-end accidents carry a strong presumption of fault against the striking driver in most jurisdictions, and that presumption doesn't evaporate just because there's no police report. What does matter is getting her injuries documented now and preserving whatever evidence still exists. If the other insurer keeps stonewalling, a consultation with a PI attorney costs nothing and could clarify her options fast. Many handle exactly this kind of situation.

  • 15
    silent-newt-005

    Honestly just the fact that you're doing all this research for her says a lot. I hope she listens to you. The rate thing is such a common worry but it sounds like it might not even be an issue if she's not at fault. Just get her to that urgent care and take it one step at a time 💙

  • 14
    humble-hare-296

    Three things she needs to do like, today: (1) go to urgent care and mention the accident explicitly, (2) call her own insurance and report the accident — not necessarily file a full claim yet, just report it, (3) write down everything she remembers about the crash while it's still fresh. Stop waiting for the other driver to do the right thing. They're not going to.