Posted on behalf of Arnold Law Firm on April 5, 2023 in Motorcycle Accident. Updated on June 2, 2023
After a motorcycle accident, you must file an insurance claim to pursue compensation for your damages. Before you call the insurance company, you should remember that they are not on your side. The insurance company is looking to pay out as little for your claim as possible. That is if they do not blame you for the accident and deny your claim.
If you need help filing an insurance claim, call our motorcycle accident lawyers in Sacramento today. The consultation is free and there are no upfront fees.
Below, we discuss what you should know before you talk to the insurance company after a motorcycle crash.
The insurance company will most likely call you after an accident, or you may have to call them to file a claim. Either way, it is important that you remember your rights.
You are not under any legal obligation to provide a recorded statement to the insurance company. However, the phone call will most likely be recorded, as this is generally part of regular operating procedures for most companies.
If possible, retract your consent to have the phone call recorded. Sometimes you may be able to continue the conversation and not have it recorded, but most likely the insurance company will try to end the phone call.
In case they do end the phone call, it may be in your best interest to have your attorney call them back. That is why you should speak to an attorney before you speak to the insurance company.
When talking to the insurance company about the accident, you should not go into any unnecessary details.
The insurance company may try to ask you open-ended questions to get you to say something that could hurt your case. For example, the insurance adjuster may ask what you did after the crash to determine whether you received medical care.
If you did not go to a doctor right away, the insurance company may try to use that information against you. The adjuster may try to argue that your injuries are not that serious, otherwise, you would have gotten medical attention immediately.
You should also avoid speculating about anything that happened with the accident. For example, you should not say that the driver may not have seen your motorcycle because the incline of the road was too steep, or it was dark out. This gives the insurance company an excuse to try and avoid liability.
Stick to the facts of the case. Say where you were when the accident occurred and where your motorcycle was impacted. Do not go into details about your injuries either. You should only discuss your injuries with your doctor and your attorney when necessary.
Part of protecting your claim when speaking to the insurance company is not accidentally admitting fault. Even if you were not the one who caused the collision, apologizing for the accident could be construed as an admission of fault.
Do not apologize to the driver who hit you. When you talk to the insurance company, do not apologize to them either.
Apologizing for something may imply you caused the accident, and the insurance company will try to use that against you when it comes time to pay out the claim. Even if you were only partially at fault for the collision, the insurance company may try to pin all the blame on you.
When you speak to the insurance company for the first time after a motorcycle crash, the insurance adjuster may make an offer to settle the claim.
The adjuster will try to convince you to accept the offer because it is “the final one” you will receive. This is not true. Your attorney can negotiate a better settlement with the insurance company to ensure all your damages are covered. If you accept an offer to settle right away, you may be leaving money on the table. Once you accept the offer, you release the insurance company from liability, so you will most likely not be able to pursue additional compensation.
Before you accept anything from the insurance company, you should strongly consider speaking to an attorney.
The insurance company will inevitably contact you after a motorcycle crash. Just because they do does not mean you have to talk to them. If you decide you do want to talk, it may be in your best interest to discuss what you will say with an attorney first.
Our lawyers have decades of experience handling insurance companies on behalf of our clients. We offer a free consultation to determine your legal options. If you choose to work with us, our attorneys can provide legal advice and help you through the legal process to recover maximum compensation.
Call 916-777-7777 to learn more.