Shortly after a car accident, an insurance adjuster representing the other driver may probably reach out to you. They may sound friendly, professional and eager to help you regarding your claim. However, it is important to remember that their real job is to protect their insured and limit what the insurance company pays.
In Indiana, you have no legal obligation to provide a statement to the other driver’s insurance company. Engaging in casual conversations with insurance adjusters can jeopardize your claim if you approach them without legal guidance. Here are a few common pitfalls to avoid when communicating with an adjuster.
Providing “unnecessary” info
Adjusters often say that they only need your side of the story. They may press you to provide your medical history, information on prior accidents or other details that may seem unnecessary. In reality, they may be looking for reasons to reduce or deny your claim.
Indiana follows the “modified comparative fault” standard. If you are 51% or more at fault for the car crash, you lose the right to receive compensation. If your fault is 50% or less, your compensation decreases by your percentage of fault. Insurance adjusters ask questions designed to get you to admit even a small bit of responsibility. Simple statements like “I didn’t see them” can reduce the value of your claim.
Accepting a quick settlement
Early offers can be tempting, especially when you are facing medical bills or missed work. But if an adjuster offers a quick settlement before you see a doctor, stay cautious. Accepting early payment releases the insurance company from all future liability.
Many injuries do not appear immediately. Once you sign a settlement release, you typically cannot continue pursuing compensation, even if you need additional treatment. Never settle before knowing the full extent of your injuries and damages.
Giving a recorded statement
An insurance adjuster may ask you to provide a recorded statement. It may sound like a reasonable request, but anything you say can be used against you. You may unintentionally provide details that contradict evidence such as police and medical reports. Insurance companies may frame inconsistencies (which are common after stressful events) as dishonesty.
If asked to provide a statement, it is best to decline. You are under no legal obligation to give a statement to the other driver’s insurance company.
How to deal with adjusters
If the other driver’s insurance adjuster reaches out, the safest course of action is to remain polite but firm. You may provide basic information such as your name and contact information, but you should decline to discuss specifics. Instead, consult an experienced legal professional before speaking with insurance adjusters.
