If you suffered a personal injury due to someone else’s negligence, it is crucial that you understand the role credibility plays in determining the outcome of your claim. In fact, it can be the deciding factor between you receiving fair compensation or having your claim denied.
When you file a personal injury claim, you are not just presenting medical bills and accident reports. You are presenting yourself as a reliable witness to the incident that caused your injuries. Insurance companies and their adjusters will scrutinize everything you say and do to determine if you’re telling the truth. Even small inconsistencies can raise red flags that damage your case.
In this article, we discuss the key points about credibility and what it means in personal injury cases. Find out how insurance companies use inconsistencies against you and the most common mistakes victims make that damage their credibility. Finally, we discuss practical steps to protect yourself and when you should contact an experienced personal injury lawyer in South Bend to protect your legal rights and safeguard your claim.
What Credibility Means in a Personal Injury Case
When we talk about credibility in a personal injury claim, we are referring to how believable and trustworthy you may appear to be to insurance adjusters, attorneys, and potentially a jury. Throughout the legal process, your reputation for honesty and consistency can have a significant impact on the outcome of your claim.
Your credibility gets evaluated from the moment you report the accident. Every statement you make, every document you submit, and every action you take contributes to an overall picture of your reliability. Insurance companies maintain detailed files on claimants, noting any discrepancies or concerning behaviors.
Think of credibility as your most valuable asset in your personal injury case. Unlike your medical records or police reports, credibility is something you actively build or destroy through your actions and what you say. Once damaged, it is incredibly difficult to repair.
The stakes are high. If an insurance adjuster doubts your honesty, they will use that doubt to justify lowball settlement offers. If your case goes to trial, a jury that questions your credibility is far less likely to award damages, regardless of how severe your injuries might be.
How Insurance Companies Evaluate Your Credibility
Insurance companies use sophisticated methods to assess whether you’re a credible claimant. Remember that their primary goal is to protect their company’s bottom line, so they will be looking for reasons to minimize what they pay you. They will question and weigh each statement you make — assessing whether you are being truthful is one of their most effective tools.
Consistency Across All Statements
Adjusters compare every statement you make about the accident. They review what you told the 911 operator, what appears in the police report, what you said during your recorded statement, and what you claim in your demand letter. Any variations, even minor ones, can be used to dispute your claim and cast doubt on your credibility.
For example, say you were involved in a car crash in South Bend and told the responding officer that you had a green light and therefore the right of way. But then in a later statement you say you “think” it was green. That seemingly minor inconsistency raises questions. Insurance companies will seize on these differences to suggest you are either unsure of the facts or, worse, being dishonest.
Social Media Surveillance
Your social media activity is no longer private once you file a claim. Insurance companies routinely monitor Facebook, Instagram, Twitter, and other platforms for evidence that contradicts your claims of an injury. A single photo of you engaging in physical activity can undermine months of treatment records.
One common scenario: You claim you have a back injury from an accident, and it is bad enough to prevent you from working. But photos you post of yourself at a family barbecue show you holding your three-year-old niece. The insurance company will argue that if you can lift a child, you can work.
Gaps and Delays in Medical Treatment
Insurance adjusters pay close attention to your treatment timeline. If you wait several days or weeks to see a doctor after an accident, you can be sure they will question whether you were really injured. Similarly, any gaps in treatment — or missed medical appointments — suggest your injuries aren’t as serious as you claim. They’re not wrong in thinking this — people who are truly hurt typically want to get better and take the necessary steps to help make that happen.
In Indiana, like most states, injured victims have a legal duty to mitigate their damages by seeking proper and necessary medical care. Failing to do so not only damages your credibility, but it may also reduce your ability to recover full compensation.
Common Ways Your Credibility Gets Damaged
Even well-intentioned accident victims can harm their credibility without even realizing it. Being aware of these common mistakes people make can help you protect your right to recover compensation.
Exaggerating Your Injuries
You don’t want to downplay any pain or injury you have, but it is also really important that you don’t exaggerate your injuries. Being dishonest typically backfires. If you tell your doctor you can’t walk without assistance, but surveillance footage shows you walking normally through a parking lot, you have just cast doubt on your entire claim.
Be honest about your pain levels and limitations. This builds trust and protects your credibility.
Providing Recorded Statements Without Legal Counsel
Insurance adjusters often request recorded statements soon after an accident. They frame this recording as routine and a necessary part of processing your claim. The truth is, they ask questions in such a way as to trip people up. They don’t just look for inconsistencies and admissions they can use against you; their process makes it more likely this will happen.
You might be stressed, in pain, or on medication when giving this statement. Yet anything you say can still be used to devalue your claim. When asked to give a recorded statement, you are within your right to politely decline until you have spoken with your attorney.
Discussing Your Case Publicly
Talking about your accident and injuries with friends, family, or online may seem harmless. However, these conversations can come back to haunt you. What you say casually to a friend might be misremembered or taken out of context if that person ever gets questioned.
Keep details of your case private. Even well-meaning people can inadvertently damage your credibility by misrepresenting what you told them.
Ignoring Doctor’s Orders
When you fail to follow your doctor’s treatment plan, insurance companies question the severity of your injuries. Ignoring your doctor’s orders gives room for the insurance company to argue that your injuries are not as bad as you claim.
To protect your claim, you should attend all your medical appointments, take prescribed medications, complete physical therapy, and adhere to any activity restrictions. Complying demonstrates that you take your recovery seriously.
How to Protect Your Credibility After an Accident
Taking proactive steps immediately after an accident helps preserve your credibility throughout the claims process.
Document Everything Thoroughly
After being injured, you should write down an account of what happened before you forget key details. If you can do so without putting yourself or others in harm’s way, take photos of the scene, your injuries, and any damaged property.
This documentation serves two purposes. First, it helps you remember details accurately — even when you are questioned about them months later. Second, it provides a “real-time” record of what happened that is harder for insurance companies to dispute.
Be Consistent in All Communications
Before speaking with anyone about your accident, take time to organize your thoughts. Use the details you wrote down about your accident earlier to recollect and help you form your responses.
When you’re consistent, insurance adjusters have less ammunition to attack your version of events.
Seek Immediate Medical Attention
Seek medical attention as soon as possible after an accident, even if you don’t think you’re seriously injured. Many injuries, including whiplash from a car crash in South Bend, don’t show immediate symptoms.
Early medical documentation creates a clear link between the accident and your injuries. It also demonstrates that you took your injuries seriously from the outset.
Limit Social Media Activity
The safest approach is to stay off social media entirely while your claim is pending. If you must use social platforms, adjust privacy settings to maximum, don’t post any photos or updates about your activities, and don’t accept friend requests from people you don’t know personally.
Remember that even “private” posts can be discovered through legal processes. What feels like a private conversation with friends can become public evidence in your case.
Frequently Asked Questions
Can the insurance company examine my social media accounts? Yes, insurance companies regularly review publicly available social media profiles of claimants. They’re looking for photos, posts, or check-ins that contradict your injury claims. Even with privacy settings enabled, content can be discovered through legal processes. The safest approach is to avoid posting anything about your activities or injuries while your claim is pending.
What should I do if I already gave a recorded statement to the insurance company?
Contact an attorney immediately if you’ve already provided a recorded statement and are concerned about what you said. While you can’t undo the statement, an experienced personal injury lawyer can help minimize any damage and ensure you don’t make additional mistakes. They’ll review what you said and develop a strategy to address any inconsistencies.
How long do I have to file an injury claim in Indiana?
Indiana’s statute of limitations for most personal injury cases is two years from the date of the accident. However, waiting too long to file your claim can hurt your credibility, as it raises questions about whether you were truly injured. Early action you do after your accident shows whether you take your injuries seriously.
Will small inconsistencies in my story automatically ruin my case?
Not necessarily, but they do create challenges. People’s memories aren’t perfect, especially after traumatic events. However, multiple inconsistencies or contradictions about key facts can significantly damage your credibility. This is why documenting everything immediately after the accident is so important. It helps you maintain accuracy in your account.
Should I accept the first settlement offer from the insurance company?
No – we don’t recommend taking the first offer. Initial settlement offers are typically much lower than what your claim is worth. Insurance companies hope you’ll accept an offer quickly and before you know the full extent of your injuries and damages. Before accepting any offer, be sure to consult with experienced personal injury lawyers in South Bend. A knowledgeable attorney can properly evaluate whether the offer is fair based on your specific circumstances.
Call Our Trusted Law Firm for Legal Help After a Personal Injury in Indiana
Your credibility is the foundation of your personal injury claim. The first decisions you make after an accident can have a significant and damaging impact on the outcome of your claim. Don’t leave this crucial aspect of your case to chance.
If you were injured because of another party’s negligence in South Bend, contact Pfeifer, Morgan & Stesiak today. Our highly qualified legal team is ready to help.
Contact us today for a free consultation to discuss your case. There are no upfront costs to pay if we represent you, and during this evaluation we will review your situation and determine your legal options.
Call Pfeifer, Morgan & Stesiak today to request a free case review. [firm-contact-number]
