You were not at fault for your car accident, yet the adjuster on the phone does not seem to be on your side. This is a common experience for injury victims in Indiana, since an adjuster’s job is to manage what the insurer pays out, not to look out for your recovery. Knowing the tactics insurers commonly use can help you protect the value of your claim.
1. Delaying your claim
Insurers sometimes slow down communication, request unnecessary documentation or delay investigating a claim. Indiana’s unfair claim settlement practices law requires insurers to respond promptly and settle claims in good faith once liability is clear. Keeping a written record of your communications can help if your claim moves unusually slowly.
2. Asking for a recorded statement early
An adjuster may ask for a recorded statement soon after your accident, before you have a clear picture of your injuries. Your answers can be used later to minimize your claim, especially if something you say sounds like an admission of fault. You are generally not obligated to give one to the other driver’s insurer, though your own insurer’s policy may require your cooperation.
3. Downplaying or disputing your injuries
Insurers may argue your injuries are not as serious as you describe, sometimes pointing to minor vehicle damage as if it reflects injury severity. They may also request an independent medical exam with a doctor of their choosing, whose opinion can differ from your treating physician. Consistent medical records from the start can help support the full extent of your injuries.
4. Offering a quick settlement early on
An early settlement offer might feel like a relief, but it is often calculated before the full extent of your medical needs is known. Once you accept and sign, you generally cannot ask for more later, even if your injuries turn out to be more serious than expected. It may help to wait for a clearer picture of your treatment and prognosis before agreeing to any number.
5. Trying to shift the blame onto you
Indiana follows a modified comparative fault rule, which reduces your compensation by your percentage of fault and bars recovery entirely past 50%. Insurers may look for any opportunity to increase your share of the blame. Indiana law treats it as an unfair practice for an insurer to assign you fault during settlement negotiations when there is an obvious absence of fault on your part, though proving this often comes down to documentation and evidence.
What you can do next
Dealing with an insurance company while recovering from a car accident can feel overwhelming, especially once you realize the adjuster you are speaking with works for the insurer, not for you. If you are unsure whether you are being treated fairly, it may help to talk through your situation with a personal injury attorney who can review your claim and explain your options.