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Every year, thousands of people in Indiana are injured in car accidents, many of them right here in Indianapolis. Often, within days—sometimes even hours—of a collision, the phone rings. On the other end is an insurance adjuster asking for your side of the story. Whether the call comes from your insurer or the other driver’s company, what you say next can significantly affect your case.
While adjusters may sound polite or even helpful, it’s important to remember that their job is to limit payouts for the insurance company—not to advocate for your recovery. That’s why our Indianapolis car accident lawyers always urge caution before discussing the crash, your injuries, or settlement offers over the phone. If you’ve been injured in a crash in Marion County, here are the steps we recommend following to protect your rights.
Step 1: Understand Who You’re Talking To
One of the first things to clarify is which insurance company the adjuster represents. After a crash, you may be contacted by:
- Your own insurance provider, particularly if you’re filing a claim for vehicle damage, med pay, or uninsured motorist coverage.
- The other driver’s insurer, especially if that driver was at fault, and you may be seeking compensation for injuries or losses.
It’s essential to remember that adjusters—even from your own insurance company—ultimately represent corporate interests. Their objective is to limit claim exposure and resolve cases quickly. This becomes even more significant in Indiana, where liability is determined using a modified comparative fault rule under Indiana Code § 34-51-2. If you’re found to be 51% or more at fault, you may be barred from recovering any damages at all. Even minor statements, such as apologizing or describing what you think happened, can be interpreted as admitting fault—impacting your eligibility to pursue compensation.
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Step 2: Stick to the Basic Facts Only
When speaking to an insurance adjuster, your best strategy is to keep the conversation limited and factual. You may need to confirm basic details such as:
- Your full name and contact information
- The make, model, and registration of your vehicle
- The date, time, and general location of the accident
Beyond that, do not speculate. Avoid guessing how fast you were driving, who had the right of way, or whether the crash could have been avoided. These types of statements can quickly become the foundation for a denial or reduction in your claim. Adjusters are trained to look for discrepancies between statements, and even a small contradiction—such as saying you’re “doing okay” when you later require extensive treatment—may be used to dispute your injuries.
We’ve seen this happen in cases where a client casually described their condition as “fine” during an initial call, only to experience severe pain days later. That single comment became a key point of contention in their claim. If you’re unsure how to phrase something or whether to answer at all, you are well within your rights to pause the conversation and seek legal advice.
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Step 3: Don’t Discuss Injuries Right Away
Another common tactic used by insurance adjusters is to ask about injuries very early—often before you’ve had a chance to see a doctor or receive a full diagnosis. While this may sound like a standard question, it’s one that deserves caution. Many crash injuries, including concussions, soft tissue damage, internal bruising, or whiplash, may not appear until hours or days after the collision.
In Indiana, a crash must be reported under Indiana Code § 9-26-1-1.1 if it results in injury, death, or property damage likely exceeding $1,000. But just because you don’t feel pain immediately doesn’t mean you’re uninjured. We’ve represented clients who declined to mention injuries in early conversations with insurers, only to later require physical therapy, surgery, or extended time off work. The insurer then used their own words to argue the injury was unrelated to the crash.
That’s why we always recommend waiting to speak about injuries until after you’ve received a medical evaluation. Let the adjuster know that you’re still seeking treatment or evaluating your condition. Focus on medical documentation and facts, not feelings or assumptions.
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Step 4: Decline to Give a Recorded Statement
One of the most important things to understand is that you are not legally required to provide a recorded statement to the other party’s insurance company. Adjusters may present it as routine or claim it’s necessary to process your claim, but in Indiana, there’s no law that compels you to agree. In our experience, recorded statements are often used to extract soundbites that can later be taken out of context or used to shift blame.
You can simply say, “I’m not comfortable giving a recorded statement at this time,” or “I prefer to have legal representation before continuing this conversation.” This is a completely valid response—and one that helps protect your position while you gather necessary documentation and legal advice. If you’re unsure what to say or feel pressured, an attorney can step in and handle these conversations for you.
Step 5: Never Accept the First Settlement Offer Without Legal Advice
Initial settlement offers are often made quickly after an accident and are rarely based on the full scope of your injuries, medical costs, lost wages, or future care needs. In many cases, the offer may be made before you’ve reached maximum medical improvement—when your long-term needs are still unknown. Accepting an early settlement could mean signing away your right to pursue additional compensation later.
Indiana law provides some protections against unfair claims handling. Under Indiana Code § 27-4-1-4.5, insurance companies are prohibited from engaging in deceptive or coercive settlement tactics. But these rules are not always followed to the letter. That’s why having legal guidance can make a major difference.
We’ve represented individuals who were initially offered just a fraction of what their claims were worth—offers that failed to account for ongoing treatment, future income loss, or long-term disability. After a full review of the evidence and skilled negotiation, we’ve been able to recover compensation that truly reflected the long-term impact of the crash.
Attorney Lee C. Christie notes: “Insurance companies are extremely efficient when it comes to gathering statements, but less so when it’s time to pay full value for an injury claim. We’ve seen cases where one early phone call defined the entire course of the claim—especially if the injured person accidentally downplayed their condition. That’s why we tell clients: don’t talk about your injuries until you’ve been seen by a doctor and spoken to an attorney who knows how to protect your rights.”
How a Lawyer Can Help You Handle Insurance Communications
Navigating insurance conversations after a crash it’s about understanding how your words can be used to shape the outcome of your claim. An experienced attorney can help by:
- Managing all communication with insurers on your behalf
- Ensuring your statements align with available medical and crash documentation
- Protecting you from bad faith tactics like claim delays or lowball settlements
- Preparing a full accounting of damages, from immediate bills to future care needs
An adjuster’s goal is to settle quickly and limit costs. Your attorney’s goal is to ensure your recovery is complete, both medically and financially. That distinction matters.
The team at Christie Farrell Lee & Bell has decades of experience representing Indiana residents injured in car accidents, including complex cases involving disputed fault, long-term injury, and insurer pushback. We advocate for your best interests from the moment you reach out and handle every part of the insurance process so you can focus on healing.
You can contact us to discuss your case and next steps in a free initial consultation.
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