You’ve been involved in a truck or motorcycle accident through no fault of your own. You’ve got injuries, lost wages, and a vehicle that you cannot use. Then comes the phone call from the other driver’s insurance company – polite, helpful, eager to help. Don’t be fooled into thinking that they’re trying to help you.
An insurance adjuster is there to benefit the insurance company and do its best to settle your claim as cheaply as possible. The upside is that by understanding the Indiana insurance adjuster tactics, you put yourself in a strong position to deal with them. Read on for this guide from the Indiana personal injury lawyers at Lerner and Rowe to see what you should do next.
Quick Contact: The First Move of an Indiana Insurance Adjuster
You might be wondering how insurance companies use comparative fault in Indiana. The first thing an insurance adjuster will do is make sure he gets in contact with you within 24 to 48 hours after the accident. The reason? He knows something you might not – your injuries have not become visible yet, you still have accumulating costs, and you do not know the value of your personal injury claim.
This urgency is artificial. There is no obligation that you should contact the insurance company immediately after the accident, and there is every reason not to do so. At such a time when you are shaken and hurt, you are likely to say something far more helpful to their cause than to yours. So if you’re asking yourself ‘ why is this insurance adjuster blaming me for the accident in Indiana,’ know that this is their primary goal.
Use of Comparative Fault by Insurance Companies in Indiana
Indiana operates under a modified comparative fault law under IC 34-51-2. According to this law, where you are partially to blame for the accident, your compensation is decreased according to your share of the blame. Where you are found to be responsible for more than 51 percent of the blame, you get nothing.
This is key, and adjusters are well aware of that. This is why if you’re wondering what to say to an insurance adjuster after a bike or bus accident in Indiana, it’s best to say nothing at all.
Statements such as “you were driving too closely”, “you may have braked late” or “there was an entry in the police report stating you were in the left lane”, are all comparative fault arguments in disguise. Each one of these statements is recorded, and each concession becomes proof that can be used to argue your responsibility percentage higher toward that 51 percent threshold.
This is how the insurance company uses comparative fault as a negotiating tool against you when attempting to settle a personal injury claim in Indiana: By arguing over the percentage of fault, they shoot for an insurance adjuster lowball settlement in Indiana. In this way, for example, your claim worth $100,000 can become a mere $60,000 after 40% fault is placed upon you, or even become worth nothing after they convince the court of your exceeding the Indiana 51 percent rule for an insurance claim.
No judge here, just your own word under duress. So again, if you’re asking yourself ‘should I talk to the other driver’s insurance company in Indiana,’ just don’t do it.
Indiana Insurance Adjuster Tactics: The Recorded Statement Trap
The first trick often employed by insurance adjusters in Indiana is a request for a recorded statement. This statement is made in the guise of a mere formality; “We simply need to get your version of events.”
It is worth noting that you are under no obligation to provide a recorded statement to the insurance company of the at-fault driver. Moreover, the insurance adjusters want such a statement for several reasons.
First of all, the recorded statement may easily be found and reanalyzed later. The adjusters themselves have been trained professional interrogators who will pose many open questions that will help to find some contradictions in your statements, fix certain facts, and use the information concerning your state of health before the picture is clear.
An answer like “I am fine, thank you” to an opening question may be recorded and used as evidence of minor injuries.
If the insurance adjuster asks you to provide a recorded statement, you are free to tell him that you would rather make the statement with a personal injury attorney in Merrillville, Indiana present.
Indiana Insurance Adjuster Tactics: The Early Settlement
When the adjuster cannot force a comparative fault insurance dispute in Indiana, another tactic used is what’s called the early offer. You will get a settlement number that is supposed to be a fair one, final, and soon to expire.
This is not the case.
Insurance adjusters in Indiana typically make early offers that are done without knowledge of your total extent of injury yet. Soft tissue injuries, traumatic brain injuries, and nerves take a while to manifest. The future cost of your medical treatment will not be included in an offer that has been made without your doctor’s assessment yet.
If you settle your claim at that point, it’s final. You cannot claim anything beyond what you have settled on. It is to your benefit not to rush into accepting any such settlements offered to you.
How Much Should You Tell an Insurance Adjuster Following an Indiana Car Crash?
The short answer? As little as possible.
You can provide your basic personal information (name, contact details), that you were in an accident, and no more.
Here’s what to specifically avoid:
- Making apologies or showing fault in any way (“I wasn’t paying attention”)
- Guessing how fast, far away, or long your response time was
- Giving details about your injury until you know for sure
- Accepting any settlement numbers over the phone
- Making a statement while off the record with legal representation
If they ask anything other than basic personal questions (and they will), you’re perfectly within your rights to say: “I’m still talking to my doctor and lawyer, I will be in touch with more information.”
This is not being evasive. This is being prudent.
Frequently Asked Questions about Insurance Adjuster Tactics
Q: What are the most common tactics used by Indiana insurance adjusters to minimize my claim?
These include: reaching out fast while you still don’t know the extent of your injuries and damages; trying to get a recorded statement from you in order to plant discrepancies in your file; comparing your share of fault using Indiana’s 51% Rule, which limits and may even completely negate your potential recovery; offering to settle fast without knowing the full extent of your injury; and dragging things out in the hopes that you will agree to take less because of financial difficulties. Being aware of the techniques used by insurers will help you avoid getting taken for a ride.
Q: How do insurance companies apply comparative fault law in Indiana against victims of accidents?
Under the state’s modified comparative negligence statute, your recovery is reduced based on the amount of fault assigned to you. You lose all chances of getting compensated if you are found to be 51 percent or more responsible for your own injuries. The technique of comparative fault involves the use of leading questions meant to make you admit responsibility, even if only indirectly. Anything, such as saying that you could have done something better, may work against you when establishing the liability percentage.
Q: How should I answer the other side’s insurance adjuster when I have had an accident in Indiana?
Be very careful about speculation regarding fault for the crash, your detailed physical condition before medical attention, or providing a recorded statement. Do not give any indication that you would accept a monetary offer made during the conversation. There’s absolutely nothing wrong with telling the adjuster that you are seeking legal counsel and that you’ll get back to them after you talk to a personal injury lawyer in Valparaiso, Indiana.
Q: Should I speak to the other party’s insurance adjuster in Indiana?
You have no legal obligation to talk to the other side’s insurance company at all, and it’s usually best if you don’t unless you’ve consulted an attorney. Their job is to reduce the amount they will have to pay out. You can make a case that you owe some form of cooperation under your own policy. Commercial trucks, ride-share drivers, government vehicles, and others may make this situation even more complicated.
Q: When should I hire a personal injury attorney after an accident in Indiana?
As soon as possible — ideally before you’ve had any substantive conversation with an insurance adjuster. An attorney can handle all adjuster communications on your behalf, prevent recorded statements from being used against you, preserve evidence before it disappears, and evaluate any settlement offer against the full scope of your damages. Most personal injury attorneys, including ours, handle these cases on a contingency basis, meaning there’s no cost to you unless you recover.
Get Help with Indiana Insurance Adjuster Tactics
If you’ve already been contacted by an insurance adjuster — or you’re expecting that call — now is the right time to get an attorney involved.
Our Valparaiso personal injury lawyers handle insurance negotiations every day. We know these tactics because we see them constantly, and we know how to counter them. We work on a no-fee basis — meaning you pay nothing unless we win your case.
Call (844) 977-1900, use our online contact form, or connect with us through LiveChat. The sooner you have someone in your corner, the better positioned you are.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.