If you’ve been involved in a car crash in Indiana, you know how overwhelming the aftermath can feel. The first phone call from the at-fault driver’s insurance adjuster can significantly shape the outcome of your case. What you say—or don’t say—during this conversation could determine whether you receive fair compensation or an undervalued settlement.
This guide will walk you through the steps you need to take to prepare for this critical call and protect your rights.
Why the First Adjuster Call Matters So Much
The first call with the at-fault insurance adjuster is more than just a routine conversation—it sets the tone for how your claim will be handled. Insurance companies are businesses, and their primary goal is to pay out as little as possible. The adjuster’s job is to gather information that could minimize the value of your claim or even deny it outright.
Key tactics used by adjusters include:
- Asking loaded questions designed to make you admit fault or downplay your injuries.
- Offering quick, lowball settlements before the full scope of your damages is clear.
- Suggesting that you don’t need legal representation.
Understanding these strategies is essential to ensuring a fair outcome.
1. Collect Essential Information at the Crash Scene
Before diving into the call itself, let’s review what you should do immediately after a car crash to strengthen your case. If possible, collect:
- Photos and videos: Capture the crash scene, vehicle damage, and any visible injuries.
- Contact information: Get names and phone numbers for witnesses and the other driver(s) involved.
- Police reports: Call the police and request a report. Even in minor crashes, this official documentation is invaluable.
If you weren’t able to collect all of this information at the scene, don’t worry. An experienced Indiana car crash attorney can help gather missing details to bolster your claim.
2. Notify Your Insurance Company Immediately
Indiana law requires you to cooperate with your own insurance provider, even when the other party is at fault. Failing to do so could jeopardize your claim. When speaking with your insurer:
- Be honest and provide accurate details about the crash.
- Avoid admitting fault, as your words may later be used against you.
- Ask questions about your coverage, especially if the at-fault driver is uninsured or underinsured.
If the at-fault driver shares the same insurance company as you, be cautious. Clarify whether the adjuster is representing your policy or the at-fault driver’s policy.
3. Be Cautious About Recorded Statements
It’s common for insurance adjusters to request a recorded statement, often under the guise of “clarifying details” or “ensuring accuracy.” While Indiana is a one-party consent state for recordings, you are not obligated to provide one.
Agreeing to a recorded statement can:
- Limit your ability to correct mistakes later.
- Give the adjuster a chance to manipulate your words to fit their narrative.
- Reduce the overall value of your claim.
Tip: Before agreeing to any recorded conversation, consult with a car crash attorney. Most injury attorneys in Indiana offer free consultations to help you understand your rights.
4. Don’t Accept Quick Settlement Offers
One of the most common tricks used by insurance companies is offering a settlement soon after the crash. While it may be tempting to accept, especially if you’re facing medical bills or lost income, these offers often fail to account for:
- Future medical expenses.
- Long-term rehabilitation or therapy costs.
- Lost earning potential.
- Pain and suffering.
Once you accept a settlement, you almost always waive your right to pursue additional compensation. Always consult with an attorney before accepting an offer.
5. The Role of a Car Crash Attorney
Navigating the legal complexities of a car crash claim can be daunting, especially when dealing with aggressive insurance adjusters. Here’s how an Indiana car crash attorney can make a difference:
- Negotiation skills: Attorneys are skilled at countering lowball offers and securing fair compensation.
- Evidence gathering: From medical records to crash reconstruction experts, your attorney can build a strong case.
- Liability determination: If there are questions about fault, an attorney can ensure all liable parties are identified and held accountable.
6. Recognizing Common Adjuster Tactics
Insurance adjusters are trained to protect their company’s bottom line, often at the expense of fair compensation. Here are some of their most common tactics:
- Downplaying injuries: Adjusters may suggest your injuries are minor or unrelated to the crash.
- Delaying claims: By dragging out the process, they hope you’ll accept a lower offer out of frustration.
- Questioning medical treatment: They might argue that your medical care was unnecessary or excessive.
- Hiding coverage details: Adjusters may fail to disclose all available insurance policies, such as umbrella or corporate coverage, that could increase your payout.
By understanding these tactics, you can better protect yourself and avoid being taken advantage of.
7. What If the At-Fault Driver Is Uninsured?
Indiana law requires drivers to carry liability insurance, but not everyone complies. If the at-fault driver is uninsured or underinsured, your own policy’s uninsured/underinsured motorist coverage (if you have it) can step in to cover your damages.
However, filing this type of claim turns your own insurance company into an opposing party, which can complicate the process. An experienced car crash attorney can help ensure you receive fair compensation, even in these challenging situations.
8. Maximizing Your Claim Value
To maximize the value of your car crash claim, follow these tips:
- Seek immediate medical attention: Delays in treatment can weaken your case.
- Keep detailed records: Save all medical bills, repair estimates, and correspondence with insurance companies.
- Follow your doctor’s orders: Failing to adhere to treatment plans can give the insurance company grounds to reduce your claim.
- Limit social media activity: Posts about your crash or recovery can be misconstrued and used against you.
9. When to Hire a Car Crash Attorney
While minor crashes may not require legal representation, you should consult with an attorney if:
- You’ve suffered serious injuries requiring ongoing medical care.
- The insurance company denies your claim or offers an unreasonably low settlement.
- You’re dealing with complex issues, such as uninsured motorists or disputed liability.
Acting quickly is crucial, as waiting too long can limit your options. Indiana imposes a two-year statute of limitations on personal injury claims, so don’t delay seeking legal advice.
10. The Benefits of Early Legal Involvement
The sooner you involve a car crash attorney, the better your chances of achieving a favorable outcome. Early legal intervention allows your attorney to:
- Preserve evidence before it’s lost or destroyed.
- Handle communication with insurance companies, so you don’t have to.
- File lawsuits if necessary to push the insurance company toward fair settlement negotiations.
Take Control of Your Case
The aftermath of an Indiana car crash can be overwhelming, but you don’t have to face it alone. By being prepared for your first call with the insurance adjuster and knowing when to involve a car crash attorney, you can protect your rights and increase your chances of receiving the compensation you deserve.
If you’ve been in a car crash and need help navigating the claims process, contact us today at 463-946-0521 for a free consultation. Let us turn your frustration into compensation.