If you’ve been involved in an Indiana car crash, the process of handling your injury claim can be daunting. Making the wrong decisions can significantly impact the outcome of your case and the compensation you receive. As an experienced injury attorney, I’ve seen many people make costly mistakes that could have been avoided. Here’s a comprehensive guide on the seven most common mistakes to avoid, along with an extra tip, to help you navigate your injury claim successfully.
1. Trying to Represent Yourself Without Doing Research
Not every car accident case necessitates an attorney, but many do. It’s crucial to understand the nuances of your situation before deciding to represent yourself. For minor accidents with no serious injuries or minimal property damage, you might not need legal representation. However, if you’ve had multiple doctor visits, incurred emergency room or hospital bills, or are undergoing physical therapy, it’s wise to consult an attorney. These cases can quickly become complex, involving multiple insurance claims and potential reimbursement demands from your health or car insurance providers. Consulting an attorney can help you understand your options and avoid costly mistakes.
2. Giving a Recorded Statement to the Other Driver’s Insurance Company
One of the biggest mistakes you can make is giving a recorded statement to the other driver’s insurance company. These adjusters are trained to ask questions in ways that can trap you into making statements that could harm your case. Questions like “Do you agree you could have been going a little bit slower?” or “Have you ever had back pain before?” are designed to box you in and devalue your claim. Always consult an attorney before making any statements to the opposing party’s insurance company. Remember, anything you say can and will be used against you.
3. Believing the Insurance Adjuster is Your Friend
Insurance adjusters are employed by companies whose primary goal is to maximize profits, not to help you. While they might seem friendly and caring, this is a tactic to get you to lower your guard and say things that could damage your claim. They are trained to make you feel comfortable and trust them, but their ultimate aim is to settle your case for as little money as possible. Always remember that they are not on your side.
4. Accepting a Lowball Settlement Offer
After a few conversations, insurance companies might offer a seemingly attractive settlement to quickly resolve your case. These offers, especially if made shortly after the accident, are often significantly lower than what you might be entitled to. Accepting such an offer can be a grave mistake, particularly if your medical condition worsens or new symptoms arise later. Once you accept a settlement, you cannot go back and claim additional compensation. Always consult with an attorney to evaluate the fairness of any settlement offer.
5. Showing Desperation for Money
Financial pressure is common after a car crash, but showing desperation to the insurance adjuster can severely undermine your negotiating position. If the adjuster senses that you need money urgently, they will offer you a lower settlement, knowing you are likely to accept it quickly. Patience and strategic negotiation, often with the help of an attorney, can lead to a much fairer settlement.
6. Not Factoring Liens into the Settlement
Many people overlook the impact of liens on their settlement. Medical liens, health insurance liens, and other types of liens can significantly reduce the amount of money you actually receive. Before accepting any settlement, ensure you understand all the liens attached to your case. If you settle without considering these liens, you might find yourself with far less money than you anticipated, as you will be responsible for paying these amounts.
7. Not Filing a Lawsuit
In Indiana, you have a two-year statute of limitations to file a lawsuit for a car crash injury claim. Waiting too long can jeopardize your case. If negotiations with the insurance company stall or they are not offering a fair settlement, filing a lawsuit might be necessary to keep your case moving forward. Filing a lawsuit within 18 months of the crash can provide a strategic advantage, allowing time to address all necessary legal aspects and keep negotiations in your favor.
Bonus Tip: Send a Copy of the Lawsuit to the Insurance Adjuster
Before filing a lawsuit, send a copy to the insurance adjuster. This final step can sometimes prompt a better settlement offer, as it signals that you are serious about pursuing your claim in court. It gives the adjuster one last chance to settle the case without involving lawyers and the additional costs of litigation.
Don’t Delay, Reach Out Today
Navigating an Indiana car crash injury claim can be complex and fraught with potential pitfalls. By avoiding these common mistakes and consulting with an experienced injury attorney, you can significantly improve your chances of receiving fair compensation. If you’ve been injured in a car crash, don’t hesitate to seek professional legal advice. Contact the Marc Lopez Law Firm at 317-632-3642 to help turn your frustration into compensation and guide you through this challenging time.
