When an insurance company claims that the car accident was your fault, know that this is not a final legal decision. It is the insurer’s assessment of liability, and you have the right to dispute it. If you are already managing medical bills and missed work, what happens in this process has real financial consequences.
In Indiana, state laws follow a modified comparative fault system. If an insurer determines you were 51% or more at fault, it owes you nothing. If your assigned fault falls below that threshold, your compensation drops by that same percentage.
3 adjuster practices that can affect your claim
When an insurer disputes fault, how you respond to their initial outreach can directly shape what you recover. Understanding these three common practices is a useful starting point:
- Recorded statements: An adjuster may call shortly after the crash and ask you to describe what happened on the record. You are not legally required to give a recorded statement to the other driver’s insurance company. They may later use your casual comments or rough estimates to assign a higher percentage of fault to you.
- Early settlement offers: Adjusters often send a settlement offer before you complete medical treatment. Accepting one closes your claim permanently, even if new injuries appear later.
- Broad medical releases: Some adjusters include a medical authorization form in their initial paperwork. Signing it gives them access to your full health history, which they may use to argue your injuries existed before the crash.
An attorney can help protect your rights and your interests before any of these practices affect your injury claim.
Evidence that shapes the determination of fault
These cases often come down to evidence. To establish what actually happened, insurers and legal teams look at:
- Police reports: Insurance adjusters review the responding officer’s report early in the claims process. While the written report typically cannot be used as evidence in court, the officer can testify in person about what they observed at the scene, such as road conditions and where the vehicles came to rest.
- Witness statements: Statements from uninvolved bystanders carry strong credibility because they have no stake in the outcome. They can break a deadlock when two drivers give conflicting accounts.
- Photographs: Photos of vehicle damage, skid marks and road conditions create a factual record that is difficult to dismiss.
- Dashcam and surveillance footage: Video captures vehicle movements and road positions in real time. Most businesses overwrite footage within seven to 30 days, so requesting it quickly matters.
If an insurer is blaming you for the crash, an attorney can investigate the accident and formally request that key evidence be preserved. They can also challenge a fault assignment that does not reflect the full picture. Indiana also enforces a two-year deadline to file a personal injury claim, and evidence can disappear well before that deadline arrives.
You have options beyond the adjuster’s decision
An adjuster’s fault determination is a starting point, not a final answer. If the evidence points to a different conclusion, you have the right to challenge it. Consider seeking legal guidance. Knowing your options is a practical first step toward understanding where your claim actually stands.