Updated
You usually shouldn't accept an insurance company's first settlement offer in Indiana right away; compare it to your real losses first, because once you sign a release you usually can't reopen the claim. Sometimes a first offer is fair. The only way to know is to check.
If instead you're wondering how long the whole process takes, see How long does a car accident settlement take in Indiana?
What should I check before accepting a settlement offer?
- Am I done treating? If your doctor expects more care, the offer may not cover it.
- Does it cover lost pay? Include missed shifts, sick days and lost overtime.
- Does it account for pain and limits? These are real losses, even without a receipt.
- Will someone want to be paid back? A health plan may claim part of a settlement.
- Is the insurer blaming me? Indiana rule: your recovery is reduced by your share of fault, and you recover nothing if you are more than 50% at fault (Ind. Code § 34-51-2-6). More on being partly at fault.
When is a first offer fine?
If you had a small injury, healed fast, and the offer covers your bills, lost pay and a fair amount for your trouble, taking it may make sense. We'll tell you if that's the case.
How do I respond to a settlement offer?
You don't have to say yes or no on the spot. You can say:
"Thank you. I need time to review this. Please send it to me in writing."
Does negotiating stop the deadline?
No. Talks with an insurer don't stop Indiana's filing deadline. Indiana rule: most injury lawsuits must be filed within two years after the claim accrues (Ind. Code § 34-11-2-4). For most car crashes, that's two years from the wreck. Check yours with our deadline calculator.
Want to know how lawyer fees work in Indiana? See our fees page.
Frequently asked questions
Should I accept the insurance company's first settlement offer in Indiana?
You usually shouldn't accept an insurance company's first settlement offer in Indiana right away; compare it to your real losses first, because once you sign a release you usually can't reopen the claim.
How do I respond to a settlement offer?
You don't have to say yes or no on the spot. You can say: "Thank you. I need time to review this. Please send it to me in writing."
Does negotiating stop the deadline?
No. Talks with an insurer don't stop Indiana's filing deadline.
Talk it over for free
You don't have to come to an office. We can do your consultation by phone or video, and you can sign up by e-signature.
You can hire Poynter & Bucheri without visiting an office. We can talk through what happened in a free phone or video consultation. When you're ready, we'll email you the sign-up papers, and you can sign them electronically from your phone or computer. There's no appointment to drive to. Some later steps in a case, like a deposition, a medical exam or a court date, may need you in person, and we'll tell you ahead of time if one comes up. If English isn't your first language, we have access to professional interpretation. Call (317) 780-8000 or fill out our short form to get started. The consultation is always free, and we'll tell you honestly if you don't need us.
General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.