Talking to the insurance adjuster after a Fort Wayne crash

First, whose adjuster is it?

There are two very different calls:

The caller	Who they work for
Your own insurer’s adjuster	Your insurance company, under the policy you pay for. Read your policy for what it asks of you after a crash.
The other driver’s insurer’s adjuster	The other driver’s insurance company. Their job is to handle the claim for that company.

Indiana generally handles crash injury claims on a fault basis: the at-fault driver and that driver’s liability insurance are usually where a claim starts. So if the other driver caused the crash, their insurer is the one who may eventually pay for your injuries, and its adjuster is the one most likely to ask you for a statement.

Before you say much: know your own policy

Find your policy’s declarations page and look for these coverages, which the Indiana Department of Insurance lists among the common ones:

• Collision: pays for damage to your car, subject to a deductible.
• Medical payments: pays medical bills for you and usually your passengers, up to its limits.
• Uninsured and underinsured motorist: lets you collect from your own insurer when the at-fault driver has no insurance or too little. Newly written Indiana policies include it unless it was rejected in writing.

Knowing what your own policy covers changes the conversation with everyone else.

Points people commonly keep in mind

• You can take a message. Write down the adjuster’s name, company, phone number and claim number, and say you will call back. That is ordinary.
• Stick to facts you know. Date, place, vehicles, the report number. If you do not know something, say so instead of guessing.
• Be careful with “I’m fine.” Some injuries are noticed only after the first day. Saying you are not hurt before you have seen a doctor can be quoted back to you.
• Ask before a recorded statement. The other driver’s adjuster may ask to record your account. You can ask why it is needed and say you want to talk with an attorney first.
• Read before you sign. A release or a medical authorization can be broad. Do not sign anything you do not understand.
• Do not argue about fault on the phone. Fault is decided later, from evidence. Under Indiana’s 51 percent rule, shares of fault matter; see Indiana’s 51 percent fault rule.

The BMV letter is a different thing

Separately from any adjuster, the Indiana BMV may write to you. When it receives an accident report, it may mail a request for proof of insurance. Insurance information you gave a police officer is not passed on to the BMV. Your insurance provider must file a Certificate of Compliance electronically, and it must be received and processed within 90 days of the BMV’s mailing, or your driving privileges are suspended (Indiana BMV). If you get that letter, call your own agent and make sure it is filed.

When the other driver has little or no insurance

Indiana’s minimum liability coverage is 25/50/25: $25,000 for injury to one person, $50,000 for two or more people and $25,000 for property damage in one accident (Indiana BMV). When injuries are serious, that minimum may not go far, and your own underinsured or uninsured coverage may come into play. That is a conversation to have with your own insurer and, often, an attorney.

When people bring in a lawyer before talking

Many people handle a small property-damage claim themselves. People more often talk with a lawyer before giving a statement when someone was hurt, when fault is disputed, when a government vehicle was involved, or when the other insurer asks for a release. Indiana’s professional conduct rules require any contingency fee agreement to be written and signed by the client (Indiana Rule of Professional Conduct 1.5), so ask how the fee would be figured before you hire anyone.

Getting help

The free referral line on this page connects you with a participating independent attorney’s office, which can talk with you before you speak with the adjuster. You can also choose a firm from the Fort Wayne car accident law firms directory. More on deciding: do I need a lawyer after a car accident.

Questions people ask