Ugh, I’ve been exactly where you are and it’s incredibly frustrating.
First off, I am so sorry you’re dealing with this. There is nothing more infuriating than being hit while you’re literally standing still and then having the other person’s insurance company try to gaslight you. Honestly, "he said, she said" is their favorite game to play because it allows them to sit on their hands while you’re stuck with the bills.
Since you mentioned you're starting to get medical bills for your back, my honest advice is to stop waiting and start taking action. Here is what I would do if I were in your shoes right now:
1. Call your own insurance company immediately
If you have collision coverage or PIP (Personal Injury Protection), use it. I know it feels wrong to pay your deductible when it wasn't your fault, but your insurance company has more muscle than you do. They will fix your car and pay your initial medical bills, and then they will go after the other company through a process called subrogation to get their money (and your deductible) back. It’s way faster than fighting a hostile company on your own.
2. Get that police report in your hands
Insurance adjusters love to ignore what their driver told the cops, but a police report that says you were stopped is a huge piece of evidence. Make sure you have the report number and a digital copy. If the officer cited the other driver for "following too closely" or "failing to reduce speed," that is your golden ticket.
3. Since you’re injured, talk to a lawyer
Usually, I’d say wait it out for property damage, but because your back is hurting, the game changes. Most personal injury lawyers offer free consultations and work on contingency (meaning they only get paid if you win). Here is why you might need one:
- The other insurance company will try to settle for a tiny amount before you even know how bad your back injury actually is.
- A lawyer can "preserve" evidence, like nearby traffic camera footage or security video from local businesses, before it gets deleted.
- They take over all the annoying phone calls so you can focus on physical therapy.
4. Stop talking to the other driver’s adjuster
You aren't legally required to give them a recorded statement, and they are looking for any reason to twist your words. If they call you, just tell them, "I’m not prepared to give a statement at this time," and hang up. Let your insurance or your lawyer do the talking.
Hang in there! Insurance companies often pull this "investigating liability" stunt hoping you'll get desperate and take a lowball settlement. Don't let them win—lean on your own insurance and get a professional to look at those medical bills so you aren't stuck paying for someone else's mistake.