Tesla says that the car should be in sight during the whole summon procedure precisely so things like this don’t happen.
https://www.tesla.com/ownersmanual/model3/en_us/GUID-6B9A1AE...
“You must maintain a clear line of sight between you and Model 3 and closely monitor the vehicle and its surroundings at all times.”
“Smart Summon is a BETA feature. You must continually monitor the vehicle and its surroundings and stay prepared to take immediate action at any time. It is the driver's responsibility to use Smart Summon safely, responsibly, and as intended.”
I’m surprised that this was not a slam dunk for your insurance company.