E. Wright
Jun 18, 2025
If you’ve been in an accident, don’t have collision coverage, and the other party’s insurance is denying fault or underpaying — it can feel hopeless. Here’s how to advocate for yourself.
You’re not alone if you feel abandoned after a car accident when you only have liability coverage. It’s frustrating: your insurer isn’t going to pay for your car’s damage since you didn’t have collision coverage, and the other driver’s insurance might be denying fault or making a lowball offer. To top it off, the damage amount isn’t enough for a lawyer to take the case. Take a deep breath – this situation is tough but not hopeless. In this guide, we’ll walk through practical steps to gather evidence, assert your case, and pursue the outcome you deserve. Remember, every state’s laws differ, so always double-check local rules, but these general steps apply nationwide.
Gather Solid Evidence from the Accident
Strong evidence is your best friend in a “word-vs-word” dispute. The more proof you have, the harder it is for an insurance company to ignore your claim. Start by collecting and organizing everything related to the accident, such as:
Police Report – shows initial findings or fault.
Photos/Videos – Scene photos always help - vehicle damage, vehicle positions, skid marks, and dashcam footage.
Witness Statements – ask bystanders for written accounts, if they are ok with video secure one at the scene for credibilities sake.
Repair Estimates – ideally from 2–3 shops.
Timeline & Notes – be detailed in describing the who/what/when/where/how.
Tip: Save everything digitally and label clearly (e.g., “Photo – Rear Bumper”).
Present Your Case Clearly and Calmly to the Adjuster
Once your evidence is in hand, it’s time to communicate effectively with the insurance company. This might be your own insurer (to help them defend your policy or to certify coverage for a medical claim) or the other driver’s insurer if you’re claiming against their policy. Either way, how you present your argument can greatly influence the outcome.
Be respectful – even if you’re frustrated.
State facts – highlight key evidence.
Follow up in writing – email summaries of all calls.
Be specific – state what you’re requesting and why.
Keep a paper trail and document every exchange, record your calls if possible (you may need to disclose this to the other party for legal compliance, check state specific rules).
When presenting your case, try to anticipate the adjuster’s counterarguments. Addressing potential weak points in your story up front can make your position stronger. For instance, if the other driver claims you were speeding, and you have proof you weren’t (say, dashcam data or the nature of damage suggests low speed), highlight that. The key is to stick to facts and not get drawn into a shouting match. As one legal expert advises, stand up for yourself without letting the adjuster bully you – but do so with composure to maintain your credibility.
Escalate the Issue to a Supervisor if Needed
What if you’ve presented all your evidence and reasoning, but the adjuster still won’t budge or is treating you unfairly? It may be time to politely escalate your claim to a higher authority within the insurance company. Insurance adjusters are human; some are overworked, inexperienced, or simply difficult. You have the right to seek a second opinion within the company.
If the adjuster won’t budge:
Ask (politely) to speak with a supervisor or claims manager.
Consider requesting a different adjuster if you feel mistreated.
Re-summarize your evidence and request a second review in writing
Keep it Documented: When you escalate, do it in writing as well as by phone. For example, send an email to the supervisor summarizing your situation and why you believe it hasn’t been resolved fairly. Keep your tone factual and professional – avoid personal attacks like “Your adjuster is incompetent.” Instead, stick to the claim details: “I have provided X, Y, Z evidence, and the liability decision/offer doesn’t seem to account for these facts. I am requesting a second review by a supervising claims examiner.” This creates a written record that you attempted to resolve the issue internally.
Sometimes, escalating to a supervisor can break a deadlock. At the very least, you know you tried every internal channel before taking outside action. And often, a supervisor reviewing a potential complaint will take it seriously to avoid regulatory troubles. Which leads us to the next step if the insurer still won’t do the right thing.
Leverage Your State Insurance Department (Filing a Complaint)
Insurance companies are regulated at the state level in the U.S. If you truly believe the insurer (whether it’s yours or the other party’s) is handling your claim unfairly – maybe they’re ignoring evidence, delaying without good reason, or offering a clearly unfair payout – you can file a formal complaint with your state’s Department of Insurance (DOI). This is a powerful tool many consumers forget about.
When to File a Complaint: Filing a complaint is appropriate after you’ve tried resolving the issue with the insurance company directly (including escalating to a manager) and gotten nowhere. It’s basically telling the regulator, “I need help – I think this insurer isn’t treating me right.” Examples might be if the insurer refuses to acknowledge clear evidence of their driver’s fault, or they won’t pay an amount that even covers basic expenses despite documentation. It’s not for mere frustration; it’s for potential violations like not following policy terms or state claims handling laws.
How to File: It’s usually straightforward and free. Each state DOI has an online or paper form for consumer insurance complaints. A quick web search for “YourState insurance complaint form” should point you to the right place. When you file, be ready to provide:
Your contact information and policy or claim number.
The name of the insurance company (and person you dealt with, if known).
A brief summary of the issue: stick to facts – what happened, why you believe the outcome is unjust. For example, “The insurer denied my auto damage claim even though their insured was ticketed for the accident. They cited ‘conflicting stories’ despite a witness statement supporting my account.”
Key dates: when the accident happened, when you filed the claim, and any notable delays or lack of response from the insurer.
Supporting documents: You’ll typically be able to upload or attach files. Include copies of the police report, photos, emails you sent and received, the denial letter or low offer, etc. Basically, anything that backs up your story.
What resolution you seek: Explain what you want (e.g. “I want the company to pay for my $3,000 in repair costs” or “I want the at-fault decision reconsidered in light of new evidence”).
When you submit the complaint, the state regulator will review it and then contact the insurance company on your behalf. The insurer is required to respond to the DOI within a set time (often 30 days). This means your case suddenly gets attention from higher-ups and legal compliance folks at the insurance company. In many cases, just the act of filing a complaint can prompt a reevaluation. A manager will likely take a second look at your claim and all the evidence in order to draft the response to the state. If it turns out the insurer dropped the ball or violated any claims handling rules, they’ll want to fix it before the state steps in.
Keep in mind, the Department of Insurance won’t decide fault or make the insurance company pay you a certain amount – they are not a court. What they do is ensure the company follows laws and investigates properly. They can penalize or sanction an insurer for bad practices. For you, the outcome might be that the insurer, under regulatory pressure, suddenly becomes much more willing to negotiate fairly. At the very least, you’ll get a formal answer and explanation from the company. And if the insurer truly did everything right (for example, it’s genuinely a toss-up on fault), the DOI will let you know that too. Most complaints are resolved in a month or two.
Preparing for Small Claims Court (Last Resort)
If all else fails – the insurance company (whether yours or the other driver’s) won’t offer a fair result – you still have one powerful avenue left: small claims court. This is often the best path when the dollar amounts are relatively modest (typically a few thousand dollars, up to a state-specific limit) and attorneys won’t take the case. It’s truly the DIY route to justice, designed for regular people to have their day in court without needing a lawyer. It may sound daunting, but with preparation, you can do it.
Understand What Small Claims Court Can (and Can’t) Do: In a car accident property damage dispute, you generally file a lawsuit against the at-fault driver, not their insurance company. (The insurance company didn’t cause the crash; the driver did.) If you win, the other driver’s insurer will typically pay the judgment up to their policy limits. Small claims courts handle only claims up to a certain dollar amount (often ranging from $5,000 to $10,000 depending on your state, though some states go higher). You can only sue for money – e.g. the cost of repairs, rental car, maybe related costs – not for things like punitive damages or pain and suffering in most cases. And small claims usually can’t force someone to admit fault; they can only award money. That said, a win in small claims proves the other party’s liability in a legal sense for that accident.
Check Your Local Procedures: Every state has slightly different rules for small claims. A quick visit to your state or county court website will provide a how-to guide. Key things to find out include: the claim limit, the filing fee, how to file (many courts have simplified forms), and whether you need to send a formal demand letter before suing (some jurisdictions require you to formally demand payment and give the other side a chance to pay up before you file). Also note whether lawyers are allowed in small claims in your state – in some states, attorneys cannot represent parties in small claims, which actually evens the playing field for you.
Build a Strong Case: Success in small claims court for a car accident means showing the other driver was at fault and proving the amount of your losses. Essentially, you become your own attorney for a day, so prepare like one! Here’s how:
Organize Your Evidence Binder: Take all that evidence you gathered (police report, photos, witness statements, repair bills, etc.) and make sure it’s neatly organized. Print out key documents and photos. It helps to have everything in chronological order of the events. Consider making two extra copies of every document – one for the judge and one for the defendant/other side. That way you can hand them out during the hearing so everyone can follow along as you reference things.
Practice Your Story: You’ll likely have only a few minutes to speak in front of the judge, so practice a concise narrative of what happened and why the other driver is liable. Focus on facts: “Your Honor, on June 10th, I was stopped at a red light when the defendant’s car hit me from behind. I’ve submitted photos showing my car’s rear damage and his front damage, consistent with a rear-end collision. The police report (Exhibit A) notes the defendant was cited for distracted driving.” After explaining fault, explain your damages: “My repair cost was $2,900 (Exhibit B is the mechanic’s estimate), and I paid $300 for a rental car (Exhibit C is the receipt). I’m asking for $3,200 total, plus court costs.” Rehearse this so you feel comfortable and aren’t reading word-for-word from notes.
Anticipate Their Defense: Think about what the other side (or their insurance representative) might argue. Will they say you were actually at fault or partially at fault? If so, what evidence can you present to counter that? For example, if they claim you cut them off, but you have a witness letter stating you had been stopped lawfully, be ready to point that out. If there’s an allegation you weren’t paying attention, maybe your dashcam shows you driving normally. Prepare responses to likely questions. This shows the judge you came prepared and helps you not get caught off guard.
Stay Calm and Courteous in Court: When your court date comes, dress neatly (business casual is fine) and address the judge as “Your Honor.” Small claims hearings are usually informal, but you still want to show respect. Present your facts clearly, answer the judge’s questions honestly, and never interrupt the judge or the other party. If the other driver or their lawyer says something untrue, jot it down — you’ll get a turn to respond. Losing your cool or getting overly emotional can hurt your credibility. Instead, be the reasonable one in the room. As one guide puts it, be well-prepared, speak confidently and concisely, and maintain a respectful demeanor. Judges see a lot of cases and they appreciate when someone comes organized and polite.
Bring Evidence of Attempts to Settle: It can help to show the judge that you tried to resolve this outside court. You might mention, “I attempted to settle this claim directly with the insurance company (as shown in Exhibit D, my email string with the adjuster) but we could not reach an agreement.” This demonstrates that you are not lawsuit-happy but were forced into court as a last resort.
Finally, remember that small claims court is meant to be accessible. You don’t need to know fancy legal jargon. Just tell your story with the evidence to back it up. If you win, fantastic – you’ll get a judgment for the amount, which the other driver’s insurer will likely pay (they’d rather satisfy the judgment than face further enforcement). If you lose, don’t be too hard on yourself; at least you took your shot, and you may even have the option to appeal or try other avenues. But with thorough preparation, you’ll have a strong chance to prevail if the facts are truly on your side.
You’re Not Alone – Get Help and Resources
For additional support, consider reaching out to a claims advocate at Extennsion. Our team specializes in helping people navigate tricky insurance situations just like this – we’ll listen to your story, help you strategize, and even speak to insurers on your behalf to fight for a fair outcome. Sometimes, just having an experienced advocate in your corner can relieve a huge weight and lead to quicker results.
Before you go, be sure to download our free checklist on handling liability-only insurance disputes. It summarizes all the steps and tips we covered above in an easy-to-follow list, so you can refer back anytime. Keep it in your glove box or saved on your phone – think of it as a safety net for any future accidents (though we hope you never need it).
Remember: you have rights, and you have options. It may require patience and persistence, but by gathering evidence, communicating effectively, and using the systems in place (internal appeals, state regulators, and the courts), you can stand up for yourself. Don’t lose hope, and don’t hesitate to lean on professionals and resources designed to help people in your exact situation. Stay safe, stay assertive, and let us know if we can help – Extennsion is here to support you on the road to a fair resolution. Good luck!