The Shoulder
The Shoulder
66
Insurancebright-owl-132

We were STATIONARY and somehow found at fault?? His insurance is unreal

Still fuming about this so bear with me.

About three weeks ago I was sitting in a parking garage waiting for my friend to run back into the store. Engine off, hazards on, completely still. A pickup swinging into the spot beside me came in way too wide and scraped along my entire passenger side. Like, a long ugly gash from the front wheel well almost to the back door.

The driver got out, looked at the damage, and immediately started saying I was too close to the line. I wasn't. I have the parking garage timestamp footage request pending but haven't gotten it yet.

Anyway we exchanged info, I filed with his insurance. Fast forward to this week — his insurer calls me and tells me their investigation found me partially at fault because my car was allegedly "encroaching" on his space. My car was in a legal spot with room to spare.

His story is apparently that I pulled forward into his path as he was turning. That is a flat-out lie. My engine wasn't even running.

My own insurance opened a claim too but they've gone quiet since I told them about the other insurer's decision. I haven't accepted anything or signed anything — I know enough not to do that — but I don't know what my next move is.

Can the other driver's insurance just... decide that? Do I fight it through my own carrier? Do I need a lawyer at this point? I don't even care that much about the car repair honestly, I'm just not going to let someone lie about me and have it stick on my record.

14replies

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14 replies

  • 19
    candid-heron-069

    Not doubting you at all, but a couple of questions that might come up: when you say engine off, do you have any way to prove that — like did your friend who was in the store see the car parked before they went in? And the 'encroaching on the line' claim — do you know for certain where your tires were relative to the stall lines? Just want you to think through what the other side is going to push on so you're ready.

    • 2
      hopeful-parent921

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

  • 17
    steady-heron-132

    This makes me so angry on your behalf. You did everything right — stayed calm, exchanged info responsibly, filed promptly — and now you're being punished for it while the guy who actually caused this just... gets away with lying? Please don't let this drop. You deserve to have the record reflect what actually happened.

  • 14
    tidy-heron-515

    Not legal advice, but from a practical standpoint: if there's any security footage, get a preservation letter sent to that garage NOW before their system overwrites it — most systems loop every 14–30 days. Witness statements, photos showing your tire position relative to the painted lines, anything that establishes you were properly parked all matters here. A lot of PI attorneys will do a free consult and can tell you pretty quickly if this is worth pushing. The fact that you haven't signed anything is good.

    • 8
      patient-traveler653

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

  • 13
    plain-marten-636

    Their insurance's job is to protect THEIR insured, full stop. When they say 'our investigation found you partially at fault,' what they really mean is 'our guy told us a story and we're going with it.' Don't treat that determination like it's some neutral official verdict — it's not. You can absolutely dispute it.

    • 11
      genuine-stoat-228

      I used to work claims and I'll tell you exactly what happened here: the adjuster took your statements, looked at the damage, and made a call based on impact point and driver accounts. If the damage is along your passenger side and his was on his front corner, some adjusters will 'split' fault just to close the file faster. It's lazy and it happens all the time. Get that parking garage footage if you can — even a still image of your car's position in the stall before the accident would flip this completely.

    • 3
      tired-wanderer161

      This is exactly what I needed to read today. Thank you.

  • 13
    brave-stoat-007

    Went through something almost identical in a shopping center lot. Other driver lied, their insurance sided with him, I was a wreck about it. What turned it around for me was finding a witness — someone who'd seen the whole thing from a nearby car and hadn't said anything because they assumed someone else would. Sounds like a long shot but do you remember if anyone was around? Worth posting on a local community group or even a Nextdoor for that area.

  • 11
    swift-grouse-091

    Just want to ask — are you physically okay? Sometimes people are so focused on the car and the insurance mess that they don't notice they've been holding tension in their neck or back since the impact. Even a low-speed parking lot scrape can jar you. If anything feels off, please get checked out. It also creates a medical record tied to the date of the incident, which matters if this escalates.

  • 10
    hearty-kestrel-167

    Three things: 1) Chase that garage footage today, not tomorrow. 2) Write down every single detail you remember about the scene while it's still fresh — your exact spot number, which direction his truck came from, everything. 3) Stop talking to his insurance without your own insurer or an attorney on the line. You've already given your statement; there's no upside to more conversations with them.

    • 3
      plainspoken-backseat939

      Saving this whole thread. Really appreciate the honesty here.

  • 9
    keen-fox-578

    A few things worth knowing: the at-fault insurer's liability determination is not legally binding on you. You can file a complaint with your state's department of insurance if you believe the investigation was one-sided. Also, your own insurer has a duty to advocate for you — I'd call them today and specifically ask what they have determined about liability and whether they'll be going after the other carrier. Sometimes your carrier will subrogate (basically fight the other side on your behalf) if they pay out first.

    • 0
      hopeful-dreamer864

      Wish I had seen this a month ago — would have saved me a lot of stress.