Location: Atlanta, Georgia
BLUF (Bottom Line Up Front):
I was rear-ended at a red light. The other driver admitted fault and was cited, but her insurer (State Farm) is stalling my claim because they haven’t spoken to her. It’s been two weeks since I filed my claim, with no progress. I’m asking if this delay is legal, what my options are, and whether I should escalate—either through my own insurance or by hiring a lawyer.
Hi all, I’m looking for advice on what to do next.
Three weeks ago, I was rear-ended while stopped at a red light near my home in Georgia. It was a minor accident—no injuries, but there is visible damage to my car. The other driver admitted fault on the scene and was issued a citation. I was not cited.
Here’s the key portion of the police report:
Driver #1 (the other driver) stated she was traveling east […] She advised that she momentarily took her eyes off the road while adjusting her air conditioning, at which point she struck Vehicle #2 in the rear.
Driver #2 (me) stated he was stopped at a red light […] when he was rear-ended by Vehicle #1.
So while the report doesn’t explicitly say “Driver 1 is at fault,” the facts are clear—and she was cited.
The problem:
The other driver has State Farm. I filed a claim with them 14 days ago (after waiting a week for the police report). Their website says my claim is “still processing,” but I haven’t received any updates.
I called today and was told they cannot proceed until they speak with their policyholder—even with a police report and citation on record. So no fault determination, no repair approvals, no next steps. Just waiting.
I’m now concerned the other driver is ghosting them and I’ll be stuck indefinitely with a damaged car.
Here’s what I’m weighing:
- The damage appears cosmetic, but I won’t know if there’s frame damage until it’s inspected.
- My car had a clean record before this, and I want to pursue a diminished value claim.
- I could go through my own insurer (USAA), pay the $500 deductible, and let them subrogate—but I’m unsure how long reimbursement would take (or if it would happen at all).
- I’m considering hiring a lawyer, especially since liability seems clear and this delay feels unreasonable.
My questions:
- Can State Farm legally delay a claim indefinitely just because they can’t reach their driver—even with a police report and citation?
- Is this kind of delay typical, or is it something I should escalate?
- Should I go through USAA now and pay the deductible, or wait it out?
- Would it be smart to involve a lawyer (especially for diminished value)?
- Any tips on how to get State Farm to take action?
I was trying to keep this simple and let the insurance process play out, but now I’m frustrated and want to get this resolved. Any guidance is appreciated—thank you!
Comments
The insurance company doesn’t owe you anything absent a court order. So the delay is no problem. More, it’s reasonable – you can’t expect the company to pay out on your word alone.
If they don’t, your options are to seek reimbursement through your policy or to hire an attorney to sue the other driver.
This is normal. Unless you have dashcam footage or something, the other insurance won’t pay if their customer ghosts them. Police report doesn’t matter. Citation doesn’t matter.
You should go through your own insurance and then hope they can recover the deductible. If not, then you can sue her for it.
Alternately, you can sue her for the whole thing. But that’s a major hassle and isn’t guaranteed to work.
You’re not going to find a lawyer for this.
Go through your insurance company. Insurance companies need to deal with other insurance companies but they don’t need to deal with you.
If they screw you around you could complain to your state bodies but it almost certainly isn’t worth you suing (the cost would eat up your return) and they know this. You will be of least priority to get handled and last in line if there are multiple claims. They have a financial incentive to play games and give you the run around.
Your insurance company on the other hand deals with the other company often and their scale allows them to hold the other insurance company accountable in a profitable manner. Thus, they treat each other with deference and mutual respect to make their dealings run smoother – there is no benefit for gamesmanship between them.
Legally probably nothing you can do. Claims on the quick end is 4-6weeks. They’re doing their due diligence and investigation. You’ll be wasting money on a lawyer and no lawyer will pick you up without any further damages like health involved.
I’ve 2 incidents where insurance has used a police report to finish the claim. Neither of these were with State Farm though. I would bother the shit out of your claims rep to get it moving.
Ultimately, if you want to get this going. Use your insurance and let them battle it out for you. They’ll reimburse you later for the $500 but you’ll at this point save weeks. The only issue mainly is getting a rental car if u don’t have coverage for that vs the other insurance will pay for it if found responsible.