Should I Call a Local Elkhart, IN Lawyer Before or After I Talk to the Insurance Company?

July 9, 2026

• ,When you are in a car accident in Elkhart, there are steps to take to make sure your claim goes smoothly. You’ll want to contact the authorities, your insurance company, and a local Elkhart, IN lawyer.
• It’s important to talk to your insurance company first, though take care not to accept a lowball offer from any other insurers or admit fault to anyone.
• Your Elkhart car accident attorney can help protect your rights, take on the insurance companies, and pursue your case to get you the compensation you deserve.

You’re driving on Main Street in Elkhart toward Bristol Street. You’ve just passed the Wellfield Botanic Gardens, when suddenly another vehicle pulls out from Simonton. Before you know it, you’re in an accident.

Your thoughts race: who should you call first? The police? Other first responders? Family? Your insurance company? A lawyer? The first moments after an accident can be confusing, and it is important to know who to talk to and in which order.

The truth is you will want to talk to your insurance company and a local Elkhart, IN car accident lawyer, both as soon as possible. Dealing with insurance companies can be difficult and time-consuming, so there is the temptation to put it off. But the right move is to contact your insurance company, stay on top of the strictures that come with your policy, and then get a lawyer who will help you get what you deserve.

What to Do After an Accident in Elkhart

Elkhart can be busy. Being so close to South Bend means spillover traffic, both retail and commuter. While 90 isn’t as chaotic as it is near the Borman Expressway, it is still choked with trucks, as well as with drivers who feel less constricted than in the eastern part of the state.

Trucks aren’t just on the highway either. Semi-trailers weighing over 200,000 pounds are regular sights on local roads, adding to the traffic from cars and motorcycles. So whether you are in a car, truck, or motorcycle accident in Elkhart, there are important steps to take.

Check for Injuries and Get Safe!

We put an exclamation point there because this is the most important thing you can do. See if you or anyone in your car is seriously injured. If you can pull over to the side of the road and get away from traffic, do so. If you are unable to, don’t force it, since nothing matters more than your safety.

Contact the Police

This will most likely be the local Elkhart Police Department, though you’ll probably be dealing with the Indiana State Police if the accident is on the highway. If you are in an unincorporated area, the Elkhart County Sheriff has jurisdiction. The dispatcher will also be able to send medical support if needed.

Once they arrive, the police will issue citations, talk to witnesses, and create a police report. This will be a description of what happened and a key source of truth for your claim. You will be able to obtain a copy of it through the EPD or buycrash.com.

Gather Evidence

The responding officers will gather evidence, but they might not get a complete picture. Your claim will be helped by the amount of evidence you can collect. This may include:

• Video footage of the accident scene (using your phone)
• Pictures of the accident (including tire marks, impact damage, etc.)
• Witness statements (and make sure you get their names and numbers)
• Motorist information, including the year, make, model, plate number, insurance carrier, and insurance policy number of any other involved parties
• The police report (make sure you know which department you are dealing with)

Contact Your Insurance Company

It’s no fun talking to insurance. But many policies can be voided if you delay, so give your insurer the basic details as soon as you possibly can.

Find a Local Elkhart Attorney

Look for someone who understands local law and can help you deal with insurance companies, personal injury claims, medical bills, and every other headache that reverberates after the initial accident.

It’s also important to talk to a firm that offers a free consultation.  This can give you a chance to learn whether you have a case, what the process will be, and if your Elkhart, IN car accident lawyer is willing to fight for you.

What NOT to Do After an Accident

We’ve told you what you should do following your Elkhart car accident. But there are also a lot of things that you should avoid doing in order to not wreck your claim.

• Do NOT admit fault to anyone. You might think it’s polite to say something like “I didn’t see you pull out in front of me,” but any statements of fault can be used against you.
• Do NOT admit even partial fault. Indiana is an “at-fault” state, and you will not be able to get any recompense if you are found to be 51% responsible for the accident. Admissions of partial fault can add up.
• Do NOT talk to the other parties’ insurance carriers. They’ll be polite. They’ll be sympathetic. They’ll try to mislead you and get you to say something you shouldn’t say. That’s just their job.
• Do NOT accept a settlement check without talking to a lawyer. One thing insurance companies may do is offer you a settlement, which might seem like a lot and be very tempting. Quick cash, no more paperwork, etc. But they aren’t offering it out of the goodness of their hearts. They are offering less than what they think they will have to pay.

Remember, your medical bills can add up. You can have bills for years to come. You might need years of therapy. And you have no idea what your pain and suffering could be.

Imagine your bills the first week are $5000. An insurance company offers you $6000. That seems like a good deal. But those bills can keep coming, and you’ll have no more options if you have already accepted money.

So Why Should I Talk to My Insurance Company First?

We get it. Your lawyer is telling you the potentially good things can happen. The insurance company tries to not make that happen. Avoiding the worst is human nature.

But you do want to call your insurance company after an accident because your policy might demand that you do so within a specific time frame. As long as you remember what NOT to say, it won’t hurt your case. And the lawyers you contact can help you in a number of ways, including:

• Estimating the damages
• Dealing with the insurance company or companies
• Explaining your responsibilities so you can pursue your case
• Explaining your rights so no one abuses them
• Giving you advice on the best course of action
• Letting you know if an offer is fair or not
• Preparing your case in case you have to go to court

At the end of the day, your Elkhart car accident lawyer does the most important thing: advocating for you when you need it most.

Reach Out to Our Experienced Elkhart Car Accident Attorneys

The Elkhart, IN lawyers who will advocate for you are at Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998.

Simply call us at (317) 472-3333, chat with us online, or fill out our contact form now for a free consultation with a knowledgeable Elkhart car accident attorney.