The Shoulder
The Shoulder
61
mellow-grouse-233

Selling my damaged car before the at-fault claim even opens — bad idea?

So I got hit about six weeks ago at an intersection — I had the right of way and the other driver blew a stop sign and clipped my front end pretty hard. She's telling her insurance a completely different story, so liability is still being "investigated" and nothing is open on her policy yet.

My car is technically still drivable but honestly it pulls to the left, there's a weird grinding noise when I brake, and I just don't feel comfortable in it anymore. It's also pretty old with a ton of miles on it, and a mechanic friend told me it's probably not worth fixing even if I wanted to.

I've been thinking about just selling it privately or trading it in and moving on. I need reliable transportation for work and sitting around waiting feels pointless. But I'm paranoid that dumping the car before liability is even established could hurt me somehow — like they could claim I destroyed evidence or something.

At the same time, am I supposed to just drive a sketchy car indefinitely while their insurance drags its feet?

I have:

  • Tons of photos from the scene
  • The collision report
  • A couple of estimates from body shops

My attorney has been super hard to reach lately which is frustrating. Has anyone actually sold or traded in their car while a claim was still in limbo? Did it come back to bite you? Would love to hear what people actually experienced, not just the theoretical worst-case stuff.

10replies

Not sure what your claim is worth?

AskMatlock can connect you with an independent injury lawyer for a free case check — no pressure, no cost to start.

Check my case

0 / 4000 · posted under a randomly assigned handle

10 replies

  • 23
    kind-sparrow-472

    The evidence preservation angle is real but it's not as scary as it sounds if you're proactive. Before you sell or trade it, get a professional written appraisal from a body shop or an independent appraiser — something on letterhead with photos attached. Keep all of that documentation somewhere safe. The physical car matters a lot less once you have comprehensive documented evidence of the damage. Also, some attorneys will actually recommend you send the insurance company written notice that you intend to dispose of the vehicle — that way it's on record that you gave them the opportunity to inspect it first.

    • 9
      gentle-parent512

      This is really helpful — thank you for posting it.

  • 19
    patient-sparrow-585

    Get the car professionally appraised. Take 200 photos. Send the insurance company a certified letter saying you plan to sell in 10 days and inviting them to inspect. Then sell it. Don't overthink this — you need a safe car to get to work and you can't live in legal limbo forever.

  • 14
    tidy-kestrel-163

    Honestly, from the inside, we rarely cared that much about the physical vehicle once photos and estimates were in the file. What we cared about was whether the damage documentation was solid. If you have timestamped photos showing all angles of the damage, plus at least two written shop estimates, that's usually enough. Where people got themselves in trouble was selling the car AND losing the paperwork. Don't do both.

    • 7
      curious-hare-834

      Not legal advice, but one thing worth flagging: before you sell, you should ideally give the other party's insurance a reasonable window to inspect the vehicle — even just a short written notice. If they drag their feet and never show up, that's on them. Selling after giving proper notice is very different from selling without any notification at all. Seriously though, push harder to get your attorney on the phone — this is exactly the kind of quick question they should be able to answer in five minutes.

    • 7
      tired-traveler272

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

  • 13
    bold-raven-576

    Quick question — has your own insurance company gotten involved at all? If you have collision coverage, they might be the ones who should be handling your vehicle claim while the liability fight plays out with the other driver's carrier. Did anyone walk you through how your own policy works here? Sometimes people wait on the at-fault insurer when they could have had their own company sort the car out weeks ago.

  • 12
    humble-sparrow-418

    I just want to say — driving a car that pulls and makes grinding noises while you're already dealing with accident injuries and stress is really not good for your body or your mental health. The anxiety alone of feeling unsafe every time you drive can slow your recovery. You deserve reliable, safe transportation. Handle the documentation properly, but please don't feel like you have to suffer through this just because a claim is unresolved.

  • 11
    hearty-mole-531

    Watch out — if you get rid of the car before they've formally accepted liability, their adjuster could absolutely try to use that against you. They might claim they couldn't properly assess the damage, or that the car wasn't as bad as you said. Get everything documented six ways from Sunday BEFORE that car leaves your possession. I wouldn't trust them to act in good faith.

  • 9
    sharp-wolf-417

    I was in almost the exact same boat last year — other driver disputed everything, liability dragged on forever, and my car was just sitting there being a daily reminder of the whole nightmare. I ended up trading mine in after getting a written appraisal and keeping copies of every single estimate and repair document. Nobody ever asked me where the car was. That said, I'd definitely loop in your attorney before you do anything — even if you have to call every day until they pick up.