Navigating a personal injury claim after an accident is challenging enough. Add to it the complex tactics insurance companies use to lower payouts, and the process can quickly become overwhelming. If you’re pursuing a personal injury claim in Indiana, it’s crucial to understand what to expect from insurance companies and how to protect your rights.
This guide outlines common insurance company tactics, the steps you can take to safeguard your claim, and answers to frequently asked questions to help you make informed decisions.
The Insurance Claim Process for Personal Injury Claims in Indiana
When you file a personal injury claim in Indiana, the process generally involves negotiating with the at-fault party’s insurance company. Unfortunately, their primary goal isn’t to provide fair compensation but rather to minimize payouts to protect their bottom line. They are after all, multi-billion-dollar businesses. Claimants often encounter roadblocks designed to derail or undervalue their claims.
Understanding these tactics will empower you to recognize and counter unfair practices throughout the process.
Tactic 1: Delay, Deny, Defend
One of the most common strategies insurers employ is often referred to as the “three Ds” approach:
- Delay: Insurance companies may deliberately slow down the claims process to frustrate you. Missing paperwork, prolonged investigations, or unreasonably long response times are examples of stalling techniques aimed at pressuring claimants to accept lower offers out of desperation. Moreover, the insurance company makes interest on their money they longer they keep it in their investments and bank accounts, rather than paying you the money you are owed for a fair and full settlement.
- Deny: Some insurance companies outright deny valid claims, suggesting there isn’t enough evidence or that the insured party wasn’t at fault. This discourages claimants from pursuing compensation further.
- Defend: Insurers may escalate disputes by hiring aggressive legal teams to defend against your claim in an effort to deter you from pursuing a settlement altogether.
How to Counter It:
Keep meticulous records of all communication and deadlines. An experienced personal injury lawyer in Indianapolis will ensure insurers are held accountable and compel them to comply with all state deadlines.
Tactic 2: Minimizing Injuries and Questioning Treatment
Insurance companies commonly downplay the severity of injuries or question the necessity of medical treatments. They may argue that your injuries were pre-existing or that they don’t align with the accident’s circumstances. They could also challenge the length or cost of your recovery, claiming it’s excessive. Most of this is done using an insurance adjuster, who has no expertise in any of these matters.
How to Counter It:
Document your injuries thoroughly with photos, videos, medical records, treatment plans, and receipts. Follow your doctor’s recommendations as closely as posible, as insurers may use any gaps in treatment as evidence to dispute your claim. An accident attorney can also help present strong evidence and expert testimony to counter their arguments.
Tactic 3: Using Recorded Statements Against You
Insurance adjusters often request recorded statements from claimants under the guise of clarifying details about the accident. These statements are not intended to help you, but rather to obtain information that can be used to discredit your claim. Even minor inconsistencies or innocent remarks like “I’m fine” made at the scene could be twisted to suggest that your injuries are exaggerated or unrelated to the incident. Many people say when asked that they are fine when they are really not, yet the insurance company will twist those words if allowed to.
How to Counter It:
You are not legally required to provide a recorded statement to an insurance company for a person who caused your injuries. Politely decline and direct all communication to your attorney, who can help ensure that your words are not taken out of context.
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Tactic 4: Surveillance and Social Media Monitoring
Insurance companies may hire investigators to monitor your activities or scrutinize your social media accounts for evidence arguably contradicting your claims. For instance, a seemingly harmless photo of you at an event could be misconstrued as proof that your injuries are not as severe as reported.
How to Counter It:
Be cautious about what you post online. Avoid sharing updates about your case, your health, or your activities until your claim is resolved. Set your social media accounts to private and remind friends and family to avoid tagging you in posts.
How to Protect Yourself: Consult an Indiana Personal Injury Attorney
Before having to face these tactics at all, the best course of action is to seek immediate legal representation. Indianapolis personal injury attorneys are well-versed in dealing with insurance companies’ strategies and can level the playing field. They will:
- Evaluate your case to determine its fair value.
- Handle communication with insurance adjusters.
- Gather evidence to strengthen and document your claim.
- Negotiate aggressively to secure maximum compensation.
- Represent you in court, if necessary.
Working with an experienced Indiana accident attorney ensures that you don’t have to face the insurance company alone and significantly increases your chances of a favorable outcome.
FAQs About Personal Injury Claims in Indiana
What should I do if the insurance company offers me a low settlement?
Decline the offer and consult an attorney to review your case before accepting any offer. Lowball settlement offers are a common tactic to minimize payouts. Your lawyer will negotiate with the insurer to reach a full and fair amount or take the case to court if necessary. Moreover, you have duties to pay back any health insurance carrier you had that paid for any of your medical bills related to your injuries and insurance companies usually do not tell anyone this and this leads to less of a net settlement to you. ALWAYS speak with an attorney first.
Is it a good idea to give a recorded statement to the insurance adjuster?
No, you are not obligated to provide a recorded statement. Anything you say can be used against you. Direct all communication to your personal injury lawyer.
How can a personal injury lawyer help with my claim?
A lawyer will handle all aspects of your case—from gathering evidence and negotiating with the insurance company to representing you in court—to ensure you receive the compensation you deserve.
What are structured settlements, and are they right for me?
Structured settlements provide compensation in installments rather than a lump sum. They can offer long-term financial security but may not suit everyone. Discuss your options with a financial advisor and your attorney.
Can the insurance company use my social media posts against me?
Yes, insurance companies often monitor claimants’ social media accounts for evidence that arguably undermines their claims. Avoid posting anything that could be used to misrepresent your injuries or activities, even something that is seemingly innocent, like lunch with the family or going shopping.
Should I accept the first settlement offer from the insurance company?
No. Initial offers are often far below what your claim is worth. Consult an attorney before agreeing to any terms.
Final Thoughts
Filing a personal injury claim in Indiana comes with its share of challenges, especially when dealing with insurance companies intent on protecting their bottom line. Remember that you have the right to negotiate for a full and fair settlement and to seek legal guidance. It is crucial to be careful with what you post on social media during a claim process as it can be used against you.
Always consult with a trusted advisor or an accident attorney before accepting any settlement offers from the insurance company. So, educate yourself about the insurance policies and laws that protect you, and don’t hesitate to seek help if needed. Stay informed and take control of your own claim.
Need help with your Indiana injury claim? Get in touch with our experienced team of Indiana personal injury legal experts at Craven, Hoover & Blazek, P.C. today for a free consultation. We represent victims all throughout the state, residents of other states injured in Indiana and Indiana residents injured in other states.
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