Getting injured in an accident is overwhelming enough without having to navigate the complex world of insurance claims. Unfortunately, many Indiana personal injury victims discover that insurance companies aren’t always on their side. While these companies present themselves as helpful allies ready to make things right, the reality is often quite different.
Insurance company adjusters are trained professionals whose primary job is to protect their employer’s bottom line—not to ensure you receive fair compensation for your injuries. Understanding the tactics they use can mean the difference between receiving full and fair compensation and being taken advantage of during one of the most vulnerable times in your life. In many cases, what an insurance company feels is a fair settlement amount is not what most people would agree is a fair settlement amount.
Personal injury claims in Indiana involve a complex interplay between state laws, insurance regulations, and negotiation strategies. When you’re dealing with medical bills, lost wages, and physical pain, the last thing you want is to be blindsided by tactics designed to minimize your settlement. Knowledge is your first line of defense against these strategies.
Common Insurance Company Tactics That Reduce Your Settlement
Denying or Delaying Claims Without Justification
One of the most frustrating tactics insurance companies employ is the outright denial or unnecessary delay of legitimate claims. They might use boilerplate language to deny claims without specific reasoning, leaving you confused about why your valid claim was rejected. This strategy banks on your frustration and financial pressure to accept a lower settlement or abandon your claim entirely.
Delays serve a similar purpose. The longer an insurance company can drag out the process, the more likely you are to accept whatever they offer just to get some relief. During this time, your medical bills continue to pile up, and you may be unable to work, creating additional financial stress that works in their favor.
Minimizing the Severity of Your Injuries
Insurance adjusters and insurance company attorneys are skilled at downplaying the impact of your injuries. They might suggest that your injuries aren’t as severe as you claim or that you’re exaggerating your symptoms. This tactic becomes particularly problematic when dealing with injuries that aren’t immediately visible, such as soft tissue damage, traumatic brain injuries, or psychological trauma.
A common approach involves blaming pre-existing conditions for the injuries sustained in the accident. Even if your pre-existing condition was completely unrelated or was significantly worsened by the accident, insurance companies will try to use this against you in an attempt to reduce their liability.
Offering Quick, Low-Ball Settlements
Insurance companies often make quick settlement offers before the full extent of your injuries is known. These early offers might seem generous when you’re facing mounting medical bills, but they’re typically far below what your claim is actually worth. Once you accept a settlement, you typically can’t pursue additional compensation even if your injuries turn out to be more severe than initially thought.
This tactic is particularly dangerous because some injuries, such as traumatic brain injuries or spinal damage, may not manifest their full impact for weeks or months after the accident. Accepting an early settlement could leave you responsible for significant future medical expenses and lost wages.
Using Your Own Words Against You
Recorded statements are another tool insurance adjusters use to their advantage. They’ll often call shortly after your accident, expressing concern for your well-being and asking for a recorded statement about what happened. While they present this as a routine formality, these recordings can be used to find alleged inconsistencies in your story or to get you to admit some fault.
Insurance adjusters are trained to ask leading questions that might get you to downplay your injuries or accept partial blame for the accident. Even innocent comments like “I’m feeling a little better today” can be taken out of context and used to argue that your injuries aren’t as serious as you claim. This is especially true for people who downplay the true extent of their injuries.
Conducting Surveillance and Extensive Investigations
For larger claims, insurance companies may conduct surveillance on claimants to find evidence that allegedly contradicts their injury claims. They might hire private investigators to follow you or monitor your social media accounts for photos or posts that could be used against you. A single photo of you lifting a grocery bag or attending a social event could be used to argue that your injuries aren’t limiting your activities as much as you claim.
Insurance companies may also request access to medical records beyond what is relevant to your injury claim. They’re looking for any information they can use to argue that your current problems aren’t related to the accident or that you had pre-existing conditions that reduce their liability.
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Protecting Yourself During the Claims Process
Seek Immediate Medical Attention
Getting prompt medical care serves two crucial purposes: it protects your health and creates documentation of your injuries. Even if you feel fine immediately after an accident, adrenaline and shock can mask serious injuries. Having a medical professional evaluate you creates an official record that links your injuries to the accident, making it harder for insurance companies to argue that your problems aren’t accident related.
Follow all medical advice and attend all follow-up appointments. Gaps in medical treatment give insurance companies ammunition to argue that your injuries aren’t serious or that something other than the accident caused your current problems, even if there is a valid reason for time passing between medical visits.
Document Everything Related to Your Accident
Thorough documentation is your best defense against insurance company tactics. Take photos or video of the accident scene, your injuries, and any property damage. Keep records of all medical appointments, treatments, and expenses. Document how your injuries affect your daily life, including days missed from work and activities you can no longer perform or can perform but have to take breaks or just do the activities in pain or with pain you know is coming later.
Consult with a Personal Injury Attorney Early
An experienced Indiana personal injury attorney like Ralph Hoover at Craven, Hoover & Blazek, P.C. understands the tactics insurance companies use and can protect you from these strategies. Attorneys know the true value of personal injury claims and can negotiate from a position of strength. They can also handle all communication with insurance companies, protecting you from saying something that could arguably be used against you.
Many personal injury attorneys work on a contingency fee basis, meaning you don’t pay unless they recover compensation for you. This arrangement makes legal representation accessible even when you’re dealing with the financial strain of medical bills and lost wages.
Avoid Giving Recorded Statements
You’re typically required to cooperate with your own insurance company, but you’re not obligated to give recorded statements to the other party’s insurance company. Politely decline these requests and direct them to speak with your attorney if you have one. Do not give a recorded statement without speaking to your attorney first, even your own insurance company.
Be Cautious About Social Media Activity
Insurance companies regularly monitor claimants’ social media accounts for evidence they can use against them. Consider making your accounts private and avoiding posts about your accident, injuries, or activities. Remember that even seemingly innocent posts can be taken out of context and used to argue that your injuries aren’t as limiting as you claim.
Frequently Asked Questions (FAQ’S)
What should I do if the insurance adjuster keeps calling me?
You have the right to limit communication with insurance adjusters. Hire an attorney who can handle these communications for you.
How do I know if a settlement offer is fair?
You don’t. Settlement evaluation requires understanding the full extent of your damages, including future medical expenses and long-term impacts. An experienced personal injury attorney will help you determine if an offer adequately compensates you for your losses and future losses.
What happens if the insurance company denies my claim?
A denial doesn’t end your options. You can appeal the decision, provide additional evidence, or pursue a personal injury lawsuit if the denial is unjustified.
How long do I have to file a personal injury lawsuit in Indiana?
Indiana’s statute of limitations for personal injury claims is generally two years from the date of the accident, though some exceptions may apply.
What kind of evidence do I need to support my claim?
Strong evidence includes medical records, accident reports, witness statements, photographs and video, expert testimony and documentation of how the injury has affected your life and income.
KEY TAKEAWAYS
Understanding insurance company tactics is the first step in protecting yourself during the personal injury claims process. These companies have teams of experienced adjusters and attorneys working to minimize what they pay you. You deserve the same level of professional representation fighting for your interests.
Don’t let insurance companies take advantage of your vulnerability during this difficult time. The tactics they use are designed to pressure you into accepting less than you deserve, often when you’re dealing with pain, medical bills, and uncertainty about your future.
If you’ve been injured in an accident in Indiana, don’t navigate the insurance claims process alone. Contact Craven, Hoover & Blazek, P.C. today to learn how we can help you level the playing field against insurance company tactics. Get a free case evaluation from an experienced personal injury attorney who can protect your rights and fight for the compensation you deserve.
Related Post: Insurance Company Tactics You Need to Know as an Indiana Personal Injury Claimant