Dealing with Insurance Companies After a Car Accident

After a car accident, one of the most stressful and confusing parts of recovery is having to deal with the insurance companies. Even when it seems clear who was at fault, insurance adjusters may argue both parties were to blame, downplay your injuries, delay payment, or offer settlements far below what you truly deserve. Dealing with insurance companies carefully and expertly is essential to protecting your rights and ensuring you receive full and fair compensation for your losses.

At Lee Cossell & Feagley, LLP, our Indianapolis auto accident attorneys have decades of experience standing up to insurance companies on behalf of injury victims. We understand the tactics insurers use and how to counter them effectively. Below, we explain what you can expect when dealing with insurance companies after a crash and how to avoid common mistakes that could harm your claim.

The Insurance Company’s Role and Motivation

It’s important to remember that insurance companies are businesses. Their goal is to minimize payouts and protect profits. Even your own insurer, while providing coverage you pay for, has an incentive to settle claims quickly and cheaply. Adjusters may appear friendly and sympathetic, but their job is to gather information that helps their company reduce or deny your claim.

This is why you should always approach communications with caution. Be polite and cooperative, but avoid volunteering unnecessary details. Anything you say, even something as simple as “I’m fine,” could later be used against you to argue that your injuries are not serious.

Reporting the Accident Promptly

Most insurance policies require policyholders to report accidents within a reasonable timeframe. Failing to do so could jeopardize your coverage. When you notify your insurer, provide only basic facts: where and when the crash occurred, who was involved, and the general nature of the damage or injuries. Do not admit fault or speculate about what happened.

If the other driver’s insurer contacts you, it’s best to refer them to your attorney. You are not required to give a recorded statement to another driver’s insurance company, and doing so can easily backfire. Insurance adjusters are skilled at asking leading questions designed to elicit statements that undermine your claim.

The Role of Evidence in Insurance Claims

Strong evidence is key to securing a fair insurance settlement. The more documentation you have, the harder it is for an insurer to dispute your version of events. After an accident, try to gather as much information as possible at the scene, including photographs of the vehicles, damage, road conditions, and visible injuries. Police reports, medical records, and witness statements all play crucial roles in supporting your claim.

Your attorney can also assist in collecting additional evidence, such as traffic camera footage, cell phone records, or expert evaluations. In cases involving serious injuries or disputed liability, a lawyer may work with accident reconstruction specialists to establish exactly how the crash occurred and who was at fault. The stronger your evidence, the more leverage you have during insurance negotiations.

Understanding Indiana’s Fault-Based System

Indiana follows a fault-based system for car accident claims, meaning the person who caused the accident is financially responsible for the resulting damages. However, determining fault isn’t always straightforward. Indiana also applies a comparative fault rule, which can reduce your compensation if you are found partially responsible for the crash. Your compensation would be proportionately reduced by your percentage of responsibility, and if you are more than 50% at fault, you cannot recover damages at all.

Insurance adjusters often try to shift blame to reduce what they have to pay. They might argue that you were speeding, distracted, or failed to take evasive action. An experienced personal injury lawyer can push back against these tactics by presenting clear evidence of the other driver’s negligence and ensuring fault is properly assigned.

Communicating with the Insurance Adjuster

Once your claim is filed, you will likely be contacted by an insurance adjuster who will investigate the crash and determine how much the company is willing to pay. This process may involve reviewing police reports, inspecting your vehicle, and examining your medical records.

When dealing with adjusters, remember the following tips:

• Be honest but brief. Provide necessary details, but avoid offering opinions or guesses.

• Don’t discuss your injuries until you’ve seen a doctor. Some injuries take time to appear or be fully diagnosed.

• Don’t sign anything without understanding it. Releases and authorizations can limit your rights or give insurers access to private information.

• Consult your lawyer before agreeing to a settlement. Once you accept a settlement offer, you cannot ask for more later, even if you discover additional injuries or expenses.

Insurance adjusters are trained negotiators. They may use friendly conversation to build rapport or pressure you with statements like “This is the best we can do.” An attorney can handle these communications on your behalf, ensuring nothing you say is taken out of context and that you’re not misled into accepting an unfair offer.

Common Tactics Insurance Companies Use

Insurance companies use a range of strategies to limit payouts. Understanding these tactics can help you recognize when you’re being manipulated. Common examples include:

• Delaying the claim process. The insurer may request unnecessary documentation or take weeks to respond, hoping you’ll become desperate and accept a low offer.

• Disputing medical treatment. Adjusters may argue that certain treatments were unnecessary or unrelated to the accident.

• Blaming pre-existing conditions. Insurers often claim that your injuries stem from prior health issues rather than the crash.

• Making quick, lowball offers. Some insurers offer fast settlements before the full extent of your injuries is known, locking you into a small payout.

• Using social media. They may monitor your posts to find photos or comments that can be used to contradict your injury claims.

Having an attorney involved early in the process helps prevent these tactics from succeeding. Your lawyer can keep the insurance company accountable and ensure your claim moves forward efficiently.

Calculating the True Value of Your Claim

Accurately valuing a car accident claim is complex. Beyond property damage, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, emotional distress, and future treatment needs. Insurance companies rarely consider the full scope of your losses when making their initial offers.

A personal injury attorney can review medical records, consult with experts, and project future financial impacts to ensure your claim reflects the true cost of the accident. This comprehensive approach often results in a significantly higher recovery than what an insurer might initially propose.

When Negotiations Fail: Filing a Lawsuit

While many car accident claims are resolved through negotiation, some cases require litigation. If the insurance company refuses to make a fair offer, your attorney may file a lawsuit to pursue compensation through the courts. The mere act of filing a suit often prompts insurers to reassess their position and offer a better settlement.

Indiana law generally allows two years from the date of the accident to file a personal injury lawsuit, though certain exceptions may apply. Working with an attorney early ensures that critical evidence is preserved and deadlines are met.

How an Experienced Attorney Can Help

Dealing with insurance companies can be intimidating, especially when you’re recovering from an injury. A skilled car accident attorney acts as your advocate and buffer, handling all communications with insurers, gathering evidence, and negotiating aggressively for your best outcome.

At Lee Cossell & Feagley, LLP, we have extensive experience representing car accident victims in Indianapolis and across Indiana. We understand how insurers operate and how to hold them accountable. From the initial claim to potential courtroom litigation, we’re committed to protecting your rights and securing the compensation you deserve.

Contact Lee Cossell & Feagley, LLP

If you’ve been injured in a car accident in Indianapolis, don’t face the insurance company alone. Let our experienced legal team guide you through the process and fight for the recovery you need to move forward. Contact Lee Cossell & Feagley, LLP, today for a free consultation. We handle car accident cases on a contingency fee basis, meaning you pay nothing unless we win your case.