After a wreck, many motorcyclists receive a phone call at home from an insurance claims adjuster. This person handles the claim for the other motorist’s insurance company and will probably ask how you are feeling. They will also ask if you will give a recorded statement about the accident.
At Lawbike Motorcycle Injury Lawyers, we recommend holding off. It’s perfectly acceptable to say you don’t want to talk right now. After hanging up, you should call our law firm to discuss your case with a Roswell motorcycle accident attorney. Below, we review the key reasons why you should never talk to a claims adjuster without your lawyer present.
The Claims Adjuster Is Digging for Information to Use Against You
Georgia is a comparative fault state, which can dramatically impact your accident claim. Under the law, you cannot receive any compensation unless you are less than 50% liable for the accident. If you are 50% or over, you will receive nothing. That might sound like a severe result—and it is. But Georgia doesn’t want people who’ve been negligent to profit from an accident.
Unsurprisingly, this law gives claims adjusters an incentive to get you to admit to some error while riding on your bike. For example, they are probably digging for information about:
- Drowsy driving—were you tired on the day of the accident? Did you sleep well the night before?
- Intoxication—did you drink or even use prescription drugs that day that might have impaired you?
- Speeding—were you going too fast? Were you traveling too fast for the road conditions?
- Distraction—were you paying attention to the road or distracted by a phone or daydreaming?
If you made any of these mistakes, you might have primary responsibility for the accident. That means the insurance company might avoid having to pay you a dime.
Even if your fault is less than 50%, you’ll end up taking less compensation home. Someone who is 30% responsible will only receive 70% of their damages. The claims agent can save their company a lot of money by getting you to admit to at least some fault.
You Might Say Something You Don’t Mean
It is very easy to get confused and say something you don’t really mean. The odds increase when you are feeling pain or are sleep deprived because your injuries make you uncomfortable at night. We have heard people say things they really don’t mean when interviewed by lawyers.
Claims adjusters can also ask confusing questions. You might not really understand what is being asked but be too shy to ask for clarification. Unfortunately, anything you say can come back to haunt you.
Ideally, whenever you give a statement, you will have a lawyer sitting beside you. We can clear up any confusion and help refresh your memory about key facts.
Some Questions are Inappropriate
Some claims adjusters might start asking inappropriate questions related to:
- Whether you hired a lawyer and what you told them. This information is protected by the attorney-client privilege.
- Whether they can look at your social media accounts. If they want that information, they should seek permission from a judge.
- Sensitive medical information. To make a claim, you will need to ultimately prove the severity of your injuries. But a claims adjuster shouldn’t try to get this information in any underhanded way.
- Irrelevant questions. Some claims agents might engage in a very broad fishing expedition, asking about mental health problems or your work environment.
Hang Up the Phone—And Call Us
What should you do if an agent calls your house to discuss the case? Politely decline. You can say you don’t feel well or that it isn’t a good time to talk. Then pick up the phone and call our law firm.
We can immediately coordinate with the insurance company and handle any information requests. If they want a document or medical record from you, they can talk to us, and then we’ll request it. You shouldn’t have to worry about the claim while you are trying to recover from your injury.
There comes a point where any accident victim needs to answer questions about the crash. But our firm will prepare you for that experience. We can go over the accident so that your memory is refreshed and keep the questions focused on relevant information.
Call Us for Help
There’s only one person who has your back in a personal injury suit: your lawyer. You can speak to one of our motorcycle accident lawyers by calling 1-866-529-2453 today.