If you’ve been injured in a car crash in Indiana, you’re likely feeling overwhelmed, frustrated, and unsure of what steps to take next. Dealing with insurance companies, medical bills, and legal processes can be daunting, especially when you’re trying to recover physically and emotionally from an accident. Unfortunately, the system is often designed to benefit insurance companies—not accident victims like you.
This blog will walk you through what to expect when filing a car accident claim in Indiana, the tactics insurance companies may use against you, and how you can protect your rights. By understanding these strategies, you’ll be better equipped to make informed decisions about your case.
Why You Shouldn’t Accept a Quick Settlement
After a crash, one of the first things an insurance company might do is offer you a quick settlement. It may sound like they’re trying to help:
“We’re so sorry this happened to you. How about we cover your medical expenses and send you a check for $2,000?”
This is a trap. Insurance companies often make lowball offers to minimize the amount of money they’ll ultimately pay. While $2,000 may seem like a lot right after an accident, it likely won’t come close to covering your long-term medical expenses, lost wages, or pain and suffering. Once you accept a settlement, you’re essentially waiving your right to pursue further compensation—even if your injuries turn out to be worse than you initially thought.
Remember, shortcuts often lead to long delays. Don’t let a quick settlement trick you into giving up the compensation you truly deserve. Before accepting any offer, consult an experienced Indiana car accident attorney to evaluate your case.
Why You Should Avoid Giving a Recorded Statement
After a car crash, the at-fault party’s insurance company may ask you for a recorded statement. While they might seem polite and friendly, their ultimate goal is to gather information that can be used against you. They might ask seemingly innocent questions like:
- “Don’t you agree you could have driven a little slower?”
- “Didn’t you have back pain before the crash?”
- “Wouldn’t you say you might have been distracted for a moment?”
These questions are designed to make you unintentionally admit fault or undermine the severity of your injuries. Insurance adjusters are trained to manipulate conversations and use your words to minimize their company’s liability. You’re not required to provide a recorded statement to the at-fault party’s insurer, and you should never do so without first consulting an attorney.
Understanding Fault and How It Impacts Your Claim
In Indiana, car accident claims are governed by comparative fault laws. This means that even if you were partially at fault for the crash, you can still recover compensation—unless you were 51% or more at fault. However, your compensation will be reduced by your percentage of fault.
For example:
- If your damages are valued at $10,000, but you’re found to be 20% at fault, your compensation will be reduced by 20%, leaving you with $8,000.
Insurance companies know this, and they will do everything in their power to shift blame onto you. Even small admissions, like saying “Maybe I was going a little fast,” can come back to haunt you. The less fault they can assign to their insured driver, the less money they’ll have to pay you. This is why it’s critical to have an attorney who can advocate for you and push back against these tactics.
Don’t Be Fooled by “Computer Algorithms”
Another tactic insurance companies use is claiming that their computer algorithm has determined the “fair value” of your claim. They might say something like:
“The computer says your case is worth $5,000. That’s the best we can do.”
Here’s the truth: Your claim is not just another number in a database. Every accident is unique, and no algorithm can account for the specifics of your injuries, your pain and suffering, or how the crash has impacted your life. Insurance companies are not on your side, and they are allowed to lie to you to save money.
Don’t accept a settlement just because a computer says that’s what your case is worth. Speak to an attorney who can calculate the full value of your claim and fight for the compensation you deserve.
The “Delay, Deny, Defend” Strategy
If you refuse to settle early, insurance companies may turn to a common tactic known as delay, deny, defend. At first, they may have been polite and accommodating, but that can change quickly. You might experience the following:
- Delays: They’ll avoid returning your calls or emails to make you feel like giving up.
- Denials: They may argue that your injuries aren’t related to the accident or downplay the severity of your claim.
- Defenses: They might take a hard stance, blaming you for the crash or hiring private investigators to scrutinize your activities.
These tactics are designed to wear you down so you’ll accept a low settlement. Don’t let their strategy succeed—stay persistent and let an attorney handle the negotiations.
Beware of “Independent” Medical Examinations
In some cases, the insurance company may ask you to attend an Independent Medical Examination (IME). Despite the name, these exams are anything but independent. The doctors performing these evaluations are often paid by the insurance company and are incentivized to minimize or dismiss your injuries.
For example, an IME doctor might write a report stating that your injuries are not consistent with the mechanics of the crash or that your pain is due to a pre-existing condition. The insurance company will then use this report to argue that your claim isn’t valid.
If you’re asked to attend an IME, consult your attorney immediately to understand your rights and how to protect your case.
The Growing Use of Private Investigators
While it may sound like something out of a crime drama, insurance companies increasingly hire private investigators to surveil claimants. Their goal is to catch you doing something that contradicts your injury claims. For instance, if you’re seen mowing your lawn or carrying groceries, they might argue that your injuries aren’t as serious as you say.
Even if your actions are entirely reasonable given your situation, video footage taken out of context can be used against you. Be mindful of your activities and follow your doctor’s recommendations to avoid jeopardizing your claim.
Why You Need an Attorney on Your Side
Filing a car accident claim in Indiana can be a long and frustrating process. Between lowball settlement offers, manipulative insurance adjusters, and delay tactics, it’s easy to feel like giving up. But you don’t have to navigate this process alone.
An experienced attorney can:
- Protect your rights and handle communication with the insurance company.
- Accurately calculate the value of your claim, including pain and suffering.
- Push back against unfair blame or lowball settlement offers.
- Represent your interests in court if necessary.
Take Action Today
If you’ve been hurt in a car crash in Indiana, you deserve compensation for your injuries, lost wages, and pain and suffering. Don’t let the insurance company take advantage of you. Take control of your case by speaking to an experienced attorney who will fight for your best interests.
At the Marc Lopez Law Firm, we understand how stressful life can be after a car crash. You’re dealing with medical appointments, lost income, and insurance headaches—all while trying to recover. Let us turn your frustration into compensation.
Call Marc Lopez today at 463-282-3514. Remember, you don’t have to go through this alone. We’re here to help you every step of the way.
