A car crash can leave you shaken, stressed, and unsure of what steps to take next. In the chaos that follows a collision, many people inadvertently make mistakes that jeopardize their chances of receiving fair and compensation for their injuries.
If you’ve been in a car crash in Indiana, here’s a deeper look at three of the most common mistakes—and what you can do to avoid them. By steering clear of these missteps, you’ll put yourself in the best possible position to protect your rights and maximize your claim.
Mistake #1: Assuming You Don’t Need a Lawyer
One of the most common assumptions after a collision is, I can handle this myself—why involve a lawyer? Many people think that if the damage or injuries seem minor, there’s no need to involve an attorney.
A seemingly straightforward case, however, can get complicated pretty quickly, especially when insurance companies are involved. This is why consulting a lawyer can make a difference, even if you don’t ultimately need legal representation.
Why a Lawyer Can Help You—Even If You’re Not Severely Injured
Not every car crash requires a lawyer, especially if you only require minimal medical treatment. If you went to the emergency room and had a single follow-up appointment, you might think the situation is too minor to involve an attorney.
What many people don’t realize is that a consultation with an experienced Indiana injury lawyer can help clarify your rights and prevent complications with the insurance company. Without professional legal guidance, you may inadvertently make things worse for yourself by skipping certain steps in the process. It’s possible for the insurance company to use this against you later.
Insurance adjusters are trained to minimize the value of claims. If you only had two medical visits, they will likely argue that your injuries weren’t serious, and this can reduce your compensation. An experienced Indiana injury lawyer can assess your case and offer guidance on what’s next.
When You Should Definitely Hire an Attorney
If you’ve sustained more serious injuries—think ongoing pain, physical therapy, or follow-up treatments beyond an initial ER visit—you’ll likely benefit from an attorney’s help. In these cases, there’s a good chance that the medical costs will be significant, and the stakes in dealing with the insurance company will be higher.
Insurance companies often aim to settle these claims quickly and for as little as possible, hoping to close cases before medical costs pile up. The Marc Lopez Law Firm offers free consultations so you can get answers and advice without financial commitment. Speaking to an attorney doesn’t mean you’re required to hire them, but it can help you make an informed decision and avoid potentially costly mistakes.
Why DIY Legal Advice Can Backfire
If you do choose to consult a lawyer, don’t just settle for anyone with a law degree. Be sure to speak with an experienced Indiana injury lawyer. Your cousin’s divorce attorney may have good intentions, but if they’ve never worked a car crash case before, they may not be the best choice for your particular situation.
Talking to an attorney who understands Indiana’s personal injury laws is crucial. Even well-meaning legal advice from someone who’s inexperienced with personal injury law can lead to undesirable outcomes for your case.
Mistake #2: Giving a Recorded Statement to the At-Fault Driver’s Insurance Company
After a crash, you may get a call from the other driver’s insurance company. They’ll want to ask questions, hear your account of the collision, and gather as much information as possible. They may even frame these requests as a simple formality needed to process the claim or help speed up repairs.
It’s going to be tempting to talk, especially if the person on the line sounds genuinely concerned about your injuries or the condition of your vehicle. Think again. Giving a recorded statement without legal advice is one of the biggest mistakes you can make.
Why Insurance Adjusters Want Your Statement
The other driver’s insurance company will likely contact you as soon as possible after the crash. They’re often eager to talk because they know you may say things in the heat of the moment that could weaken your case.
Insurance adjusters are trained to ask questions that seem harmless but are actually designed to minimize their liability. For example, they may ask how fast you were driving or whether you saw the other car approaching.
If you answer these questions without consideration, you can end up indicating that you were (at least) partially responsible for the collision. Indiana uses a comparative fault standard, which means your compensation can be reduced by the percentage of blame assigned to you. So if your answers seem to indicate that you could’ve avoided the crash, the insurance company will use that to argue your actions contributed to the accident—potentially reducing your compensation.
How Seemingly Innocent Statements Can Be Used Against You
Adjusters can also try to trivialize your injuries by asking about your physical condition in a casual way. If you say something like I think I’m okay or It could’ve been worse, these statements can come back to haunt you. Experienced claims adjusters know that many people try to downplay their pain or discomfort. This is exactly why they want to get you on record minimizing your own injuries.
The good news is there’s an easy way to avoid this: Don’t talk to the other driver’s insurance company. Let your attorney handle it. An experienced Indiana injury lawyer knows how to communicate with insurance companies, and they can also watch out for your interests while you focus on physical recovery.
Mistake #3: Believing the Insurance Company Has Your Best Interests in Mind
Even when it comes to your own insurance company, there are things to watch out for. Adjusters are trained to be persuasive and personable, which gives the impression that they’re on your side. You may get regular check-in calls from your insurance company, asking about your injuries, your treatment, and/or the progress of vehicle repairs. These questions may sound sympathetic, but no insurance company has your best interests at heart.
Why the Insurance Company’s Priority Is Profit
The adjuster’s main objective is to resolve your claim for as little money as possible. Insurance companies generate profits by minimizing payouts, so their approach to claims often includes techniques to delay, deny, or diminish payments. They might seem helpful at first, offering quick settlements and general reassurances. Once you agree to a settlement though, there’s no going back.
This rush to settle your claim can be particularly harmful if you haven’t yet fully understood the extent of your injuries. It’s common for victims to discover additional injuries days or even weeks after a crash. The best way to protect yourself is to consult an experienced Indiana injury lawyer before accepting any offers from the insurance company.
The Four Ds: Delay, Deny, Diminish, and Defend
When reviewing a claim, insurance companies often use a strategy commonly referred to as the Four Ds.
- Delay: Adjusters may slow down the claims process, hoping that you’ll grow frustrated and settle for less than you deserve.
- Deny: The company may deny liability or claim that you don’t have sufficient evidence, especially if there’s any ambiguity about fault.
- Diminish: Even if they accept liability, the insurance company might argue that your injuries aren’t very serious or that you caused the crash.
- Defend: In cases where you’re unwilling to settle for a low offer, adjusters can prepare for a drawn-out legal battle, knowing that most people don’t want to go to court.
Understanding these tactics can help you recognize when an insurance company isn’t being straightforward. With an experienced Indiana injury lawyer on your side, you’ll have an advocate who knows these methods and can counter them effectively.
Make the Right Call
The aftermath of a car crash can be overwhelming. By avoiding these common mistakes, you can protect your rights, avoid pitfalls, and set yourself up for a more favorable outcome.
At the Marc Lopez Law Firm, we understand how intimidating this process can feel. With years of experience handling car crash cases in Indiana, we’re prepared to take on the insurance companies and help you fight for the compensation you deserve. Give us a call today at 317-632-3642—so you can focus on your recovery while we handle the rest.
