Imagine this: You’ve just been in a car crash. You’re injured, shaken up, and facing mounting medical bills. Then, the insurance company calls, offering a quick settlement. It seems like easy money—until you realize it barely covers your expenses, let alone your pain and suffering.
This scenario happens all the time, and too many people fall victim to insurance company tactics designed to minimize payouts. If you’ve been in a car crash in Indiana, knowing how to negotiate with insurance adjusters can mean the difference between getting shortchanged and receiving the compensation you deserve.
Here’s what you need to know about Indiana car crash claims, how to deal with insurance companies, and why having an attorney on your side can make all the difference.
Understanding Fault in Indiana Car Crashes
Indiana follows a comparative fault system, which means you can recover compensation as long as you are not more than 50% at fault for the crash. However, if you are found partially responsible, your settlement will be reduced by your percentage of fault.
For example, if your case is worth $10,000 but you are found 30% at fault, you would only receive $7,000 instead of the full amount. Insurance adjusters will try to use this rule against you, so proving you were not mostly at fault is critical.
How to Prove the Other Driver Was at Fault
To get a fair settlement, you need evidence showing the other party caused the crash. Some of the strongest pieces of evidence include:
- Police Reports – If a police officer responded to your crash, their report can be a key piece of evidence. Officers document the crash, identify involved parties, and often state who they believe was responsible.
- Photographs & Videos – Pictures of the scene, vehicle damage, traffic signs, and skid marks can help establish what happened.
- Witness Statements – Independent witness testimony can support your claim and contradict any false narratives from the other driver.
- Traffic Camera or Dash Cam Footage – Video evidence is hard to dispute and can provide a clear picture of how the crash occurred.
If a police officer didn’t come to the scene, gathering your own evidence becomes even more important.
What Counts as “Damages” in an Indiana Car Crash Claim?
After proving fault, the next step is calculating your damages, or the compensation you’re entitled to receive. This includes:
1. Medical Expenses
Every medical bill related to the crash should be documented, including:
- Emergency room visits
- Ambulance fees
- Hospital stays
- Doctor visits
- Physical therapy or chiropractic care
- Medications
- Diagnostic tests (X-rays, MRIs, etc.)
Keeping all records organized is crucial, as insurance companies will try to dispute or reduce your medical claims.
2. Lost Wages
If your injuries prevent you from working, you can claim compensation for lost income. Even if you use vacation days or sick leave, those benefits should be reimbursed because they weren’t meant to cover a crash.
3. Pain and Suffering
Pain and suffering compensation is more subjective, but it considers factors like:
- Severity of your injuries
- Impact on your daily life
- Duration of recovery
- Emotional distress
Insurance companies often try to downplay pain and suffering, which is why working with an attorney can be beneficial.
4. Other Out-of-Pocket Costs
Other expenses related to your crash, such as transportation to medical appointments, home modifications, or help with daily tasks, may also be recoverable.
How Insurance Companies Try to Undercut Your Claim
Insurance companies are in the business of paying out as little as possible. Here are four common tactics they use to reduce or deny claims:
1. Getting You to Admit Fault
Insurance adjusters are trained to ask questions that make you second-guess yourself. They might say things like:
- “Don’t you think the crash would have been less severe if you were driving slower?”
- “Would you agree that the weather conditions played a role in the crash?”
Even a casual “maybe” or “I guess so” can be twisted into an admission of fault. Never discuss fault with an insurance company—stick to the facts or let your attorney handle the conversation.
2. Claiming Your Injuries Aren’t Related
If you’ve ever had an injury or medical issue in the past, they might argue that your current pain isn’t from the crash. Even if you were completely fine before the crash, they may try to claim your injuries were pre-existing.
3. Limiting Medical Treatment Coverage
Insurance adjusters often set arbitrary limits on what they’ll pay for medical treatment. They might say:
- “We only cover four physical therapy visits.”
- “Most people recover in a few weeks, so we won’t pay for more treatment.”
This is not their decision to make—your doctor determines your treatment plan, not the insurance company.
4. Pressuring You Into a Quick Settlement
One of the biggest red flags is when an insurance company offers a fast settlement. They might say:
- “We’ll send you $5,000 today—just sign this release form.”
If you sign, you give up your right to future compensation, even if your injuries worsen. Once you accept a settlement, there’s no going back.
The Importance of Hiring an Attorney for Your Indiana Car Crash Case
A skilled attorney can help you:
- Prove the other driver was at fault
- Maximize your settlement amount
- Handle negotiations so you don’t have to
- Make sure insurance companies don’t take advantage of you
- Ensure all medical bills and liens are accounted for
Many people think they can handle a claim on their own, but insurance companies have teams of lawyers working against you. Having an attorney levels the playing field and helps you get the full compensation you deserve.
When Should You Call a Lawyer?
You should contact an attorney as soon as possible if:
- The insurance company is delaying or denying your claim.
- You’re unsure how much your case is worth.
- You’re feeling pressured to settle quickly.
- You’re still in pain and need continued medical treatment.
Indiana has a two-year statute of limitations for car crash claims, but waiting until the last minute can hurt your case. If you don’t act in time, you could lose your right to compensation.
Don’t Let the Insurance Company Win – Call Marc Lopez Law Today
At Marc Lopez Law Firm, we know how frustrating it can be to deal with insurance companies after a car crash. While you focus on recovery, let us focus on getting you the compensation you deserve.
Call us today at 463-283-7387 for a free consultation. Let’s turn your frustration into compensation.
