After a motorcycle crash, it’s important to not get overwhelmed by the stress of finances and recovery. In most cases, you are not in a good mental state to protect your interests after such a trauma. That’s why it’s best to only provide basic details of your claim to your insurance carrier. Avoid admitting fault, or going into any detail about the accident to the other driver, witnesses, police, or the insurance company. Instead, speak with a Chicago IL personal injury lawyer.
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Unfortunately, insurance companies are trained to try to minimize their pay-outs. If you chose to talk to them without legal counsel, be prepared for them to try to manipulate the process in their favor. Always assume you are being recorded when talking to the insurance company. Be wary of them trying to use small-talk to lead you into harmless-sounding questions such as, “Did you have the radio on at the time?” It is unwise to provide more than basic details of your claim before calling a lawyer. Otherwise, if you admit you had your cell phone in your hand, or were changing the radio station before a crash, the insurance company can try to assign you a percentage of the blame. This is true even in cases where it was proven that the other driver was at fault for the crash. For example, if the insurance company succeeds in assigning you even 10% of the blame for the accident on a $40,000 claim, this could reduce pay-out of your claim by $4000.
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There are several important points to keep in mind, to protect your interests after a motorcycle accident claim:
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First, when in doubt stay silent or admit, “I do not recall.” One of the first questions you will likely be asked is, “How are you doing today?” Instead of the typical, “Fine,”it is useful to mention the effects of the accident if they impact you day to day.
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Second, do not consent to tactics not in your interest. There is no good reason to allow the insurance company to gather references to check your credibility, give them your social security number or state, “I do not recall.” While you must be truthful, it is much better to say you do not recall instead of in the heat of the moment blurting out something inaccurate that can hurt your case. It is wise to read the description in the police report (if there is one) before talking to an insurance adjustor. It’s possible this report, since it may contain multiple viewpoints of the accident, may contain a better overall summary than your recall during the stress of the accident. If you disagree with anything in the report, talk to personal injury lawyer about it.
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Third, do not post on social media about the accident. These words and images are easily searchable, and it is a bad idea to put details on record that may be misleading or inaccurate.
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Be assertive, and do not allow the insurance company to record the conversation without your attorney present. Instead, direct all communication from your insurance to go through your attorney.
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Keep in mind this principle, ‘Less is more.’ If you are asked, “Do you recall XYZ fact?” just say yes or no initially. Buy yourself time to relax and carefully recall what happened. Symbolically replaying the events, as if watching a movie in your head, may be a useful exercise. Once you describe the accident in a certain way, even small errors may hurt you down the road.
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It is unclear if the claim will settle, or if you will have to testify in a deposition or courtroom about it. If the case goes in this direction, you will not want to have volunteered information that is misleading or inaccurate. Everyone has difficulty with memory details, from time to time. It may be useful to sketch a drawing of the scene of the accident or go back and take a photo of the intersection to help jog your memory.
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Fourth, keep a neutral, cautious tone as if you were talking to a business competitor. Try to keep your discussion to the facts. Avoid offering opinions or to allow the adjuster to pressure you during the interview.
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In addition, do not discuss your injuries until you have seen a doctor. You do not need to sign off on a medical record release until your treatment is complete. Avoid saying things like, “I believe I have whiplash.” Instead just describe if you have pain or not in a general manner.
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Lastly, do not discuss pre-existing injuries. Leave this to the judgment of your physician, as pre-existing injuries may not impact your current symptoms. Our attorneys want to help you navigate the maze of insurance claims.
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Thanks to our friends and contributors from The Law Offices of Konrad Sherinian for their insight into handling your insurance claim.