The Shoulder
The Shoulder
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Car accidentsclever-seal-933

Rear-ended at a red light while driving my sister's car — I'm not on her policy. Now what?

So this happened about a week ago and I'm still kind of spinning trying to figure out what I'm supposed to do next.

I borrowed my sister's sedan to haul some stuff across town — nothing sketchy, just helping her move a few boxes to a storage unit. Literally on my way back, maybe 15 minutes from her place, I'm sitting at a red light and bam — some guy plows into me from behind hard enough to push me into the intersection. My neck snapped forward, airbag didn't deploy but the trunk is basically crumpled into the back seat.

The guy who hit me was on his phone. I saw it in his hand when I got out. He didn't even try to deny it — told the responding officer he "didn't notice the light had backed up." I gave my full statement, the officer took photos, and there's definitely a traffic cam at that corner. I also managed to get pics of his plate, his insurance card, and the damage before the tow trucks showed up.

Here's where it gets complicated: I am not listed on my sister's policy. She only carries the state minimum — no collision, no uninsured/underinsured. Her agent basically told me I need to go after the at-fault driver's insurance myself since she doesn't have collision.

Problems:

  • My neck has been stiff and sore all week. I haven't gone to the doctor yet because I keep telling myself it'll pass (I know, I know)
  • I don't know if the at-fault driver's policy is actually going to cover me since I wasn't the vehicle owner
  • Sister is stressed her rates will go up even though this was 100% not our fault

Has anyone dealt with making a claim against someone else's liability insurance when you weren't the registered owner of the car you were in? Do I just call them directly? Do I need a lawyer already?

14replies

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14 replies

  • 21
    hearty-crow-526

    When you call the at-fault driver's insurance, be really careful about what you say. They are going to ask you to give a recorded statement and they will make it sound routine and friendly. It is not. They're fishing for anything they can use to reduce what they owe you. I'd at least talk to a lawyer before giving that statement — a lot of PI attorneys do free consultations. Don't let them pressure you into a quick settlement offer either, especially while you're still having neck symptoms.

  • 20
    mellow-newt-508

    Three things: get to a doctor today, request the police report tomorrow, and don't sign or agree to anything the other driver's insurance sends you until your neck situation is fully sorted. That's it. Everything else can wait a few days, your health and your paper trail cannot.

    • 4
      thankful-road-soul507

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

  • 19
    warm-raven-989

    The police report is your first priority — find out how to request it from the responding department (most have an online portal now or you can call records). Once you have it, you'll have the at-fault driver's insurance info officially documented. That report number is also what opens the door when you call their carrier. If there's a traffic cam, you or an attorney can submit a public records request to preserve that footage before it gets overwritten — some systems only keep 30 days.

  • 17
    swift-hare-550

    Please go get checked out. I mean it. Neck stiffness after a rear-end collision can be whiplash, and whiplash that goes untreated in the first week or two can turn into months of problems. I've seen it. You don't need the ER necessarily — urgent care or even your primary care doc can document it. That documentation also matters a LOT if you end up needing to negotiate with the other driver's insurance. Go today if you can.

  • 15
    candid-newt-968

    Ugh, I'm sorry this happened to you. You were just doing your sister a favor and now you're the one dealing with all of this. Please don't let the neck thing slide — I had a friend who ignored soreness after a fender bender and ended up needing physical therapy for almost a year. Take care of yourself first, the insurance stuff will still be there.

    • 8
      thankful-road-soul512

      Thank you both, this gave me the push I needed to make the call.

    • 4
      weary-survivor960

      How long did it end up taking in your case?

  • 12
    spry-vole-230

    Almost exact same situation happened to me — I was driving my roommate's car when someone blew through a stop sign and T-boned us. I was NOT on his policy either. What I learned is that the at-fault driver's liability insurance covers the other party they harmed, regardless of whether you own the car. So yes, you can file a third-party claim directly with their insurer. Just call them, tell them you were the driver of the vehicle their insured struck, and open a claim. It's a pain but it's doable.

    • 6
      gentle-dreamer449

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

  • 11
    bold-beaver-273

    Former auto claims adjuster here. A few things from the inside:

    1. You do have standing to file against the at-fault driver's bodily injury and property damage liability — you don't need to own the car. 2. The phone in his hand is gold if the officer noted it in the report. Distracted driving admission can affect how hard they fight the claim. 3. Your sister's rates probably won't go up if the claim is filed solely against the other driver's policy. Not-at-fault accidents typically don't trigger surcharges, though it varies by insurer.

    Get that police report number ASAP and hang onto every photo you took.

    • 3
      level-sidewalk321

      Exactly my experience. Persistence paid off in the end.

  • 10
    gentle-wolf-801

    Not legal advice, but for what it's worth — the liability coverage on the at-fault driver's policy is designed to compensate people they injure, and that includes you as the driver of another vehicle. The fact that you weren't on your sister's policy is mostly irrelevant to their carrier's obligation to you. Where it could matter is if their limits are low and you needed to turn to your sister's uninsured/underinsured coverage as a backup — but you mentioned she doesn't carry that. If your injuries are more than minor, it might be worth at least a free consult with a PI attorney before you start negotiating on your own.

    • 3
      steady-dreamer591

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