The other driver's insurance company calls within hours of your motorcycle crash. The adjuster sounds concerned about your well-being and eager to help. They ask if you have a few minutes to discuss what happened. Your instinct is to cooperate. After all, they're going to pay your claim, right?
At Lorenz & Lorenz, PLLC, we've seen how these "friendly" calls devastate motorcycle accident claims. If you're fielding calls from insurance companies and wondering what to say, consider reaching out to an Austin motorcycle accident lawyer for guidance.
Click for free case reviewKey Takeaways: Insurance Communications After Motorcycle Crashes
- Recorded statements often capture you saying things that seem innocent but destroy your claim's value.
- Insurance adjusters have specific training in getting people to minimize injuries or accept partial blame.
- Motorcycle riders face bias from adjusters who assume bikers are reckless regardless of actual fault.
- You have no legal obligation to speak with the other driver's insurance company before consulting an attorney.
- Call a motorcycle accident lawyer before giving any statements to insurance companies.
Why Insurance Companies Call So Quickly
Adjusters contact crash victims quickly because they know people are often confused, in pain, or in shock. They want your statement before you speak with a lawyer, as direct communication allows them to gather information that may weaken your claim.
Speed pressures you into mistakes, making you feel obligated to cooperate. Early contact establishes a relationship, with adjusters using first names and expressing concern to build trust and encourage victims to share information freely.
How Recorded Statements Hurt Your Case
After a crash, insurance companies carefully document everything you say. Early statements can be used against you even if circumstances change.
- Calls are recorded, and every word is documented for review.
- Describing injuries as minor can be used to downplay your current condition.
- Early crash estimates may be inaccurate, giving adjusters ammunition to question your credibility.
- Disclosing prior injuries can be misinterpreted as pre-existing conditions affecting your claim.
The Bias Motorcycle Riders Face
Insurance adjusters often assume motorcyclists are at fault. They stereotype riders as risk-takers who weave through traffic and speed. This bias affects how they investigate claims and value settlements.
They'll look for any evidence of rider error. Were you wearing proper gear? Have you been drinking? Were you speeding? They scrutinize motorcycle crashes more carefully than car accident claims.
Medical providers sometimes share this bias. If you tell emergency room staff you were on a motorcycle, some assume you were riding recklessly. This attitude can show up in medical records that insurance companies use against you.
Juries in Texas can be skeptical of motorcycle riders. Your attorney needs to overcome these prejudices by clearly demonstrating the other driver's fault and your reasonable riding behavior.
What Insurance Adjusters Really Want to Know
Fault is their primary concern, as insurance adjusters aim to get you to accept partial blame for the crash. Statements like “I should have been more defensive” can be used to reduce compensation.
The severity of your injuries matters, and downplaying pain or recovery may lead them to argue your injuries were minor. Your medical treatment history becomes ammunition, with prior accidents or health issues cited to challenge your claim.
Whether you’ve hired a lawyer is essential, since once an attorney represents you, the insurer must communicate through your lawyer. They often rush to obtain statements before legal representation begins to gain an advantage.
The “We Just Need Your Side of the Story” Trap
Adjusters frame questions as simple fact-gathering. They claim they just want to hear your version of events. This sounds reasonable, but it's a strategy to lock you into a statement before you fully understand your injuries or the legal issues.
Your story might change as you remember more details. Trauma affects memory. Details you didn't recall immediately after the crash might come back over the following days. If your later account differs from your recorded statement, they'll accuse you of lying.
You don't know which facts matter legally. Something that seems unimportant to you might be critical to your case. You also might not mention important details because you don't realize their significance.
Lawyers know how to present facts favorably. Your attorney understands which details to emphasize and how to frame your account to support your claim. You don't have this training.
Early Settlement Offers Are Usually Lowball
Insurance companies offer quick settlements before you know the full extent of your injuries. Soft tissue injuries, traumatic brain injuries, and internal damage might not be apparent immediately.
They hope financial pressure will make you settle for cheap. Medical bills pile up, you can't work, and the insurance company offers enough to cover immediate expenses. It seems like a lifeline, but you're signing away rights to future compensation.
Once you settle, you can't reopen the claim. If you discover additional injuries or need surgery later, you're stuck. The settlement release you signed prevents any further recovery.
Motorcycle crash injuries often worsen over time. Road rash can become infected. Broken bones might heal improperly. Joint injuries can lead to arthritis. Early settlements don't account for these developments.
What You Should Say If an Insurance Company Calls
Provide only basic identifying information. Confirm your name and that you were involved in the accident. Don't discuss how the crash happened or your injuries.
Tell them you're still receiving medical treatment. Explain that you're not ready to discuss details until you've finished treatment and consulted with an motorcycle accident attorney.
Don't agree to be recorded. You can politely decline to give a recorded statement. If they insist that a recording is required, tell them you'll have your attorney contact them.
Get the adjuster's name and contact information. Write down who called, what company they're from, and their phone number. Give this information to your lawyer.
Your Legal Obligations After a Motorcycle Crash
You must report the accident to your own insurance company. Your policy requires prompt notice of crashes. Failing to report can jeopardize your coverage.
Have your lawyer contact your insurance company for you. Your attorney can report the crash and handle communications to protect your interests.
You have no duty to talk to the other driver's insurance. They represent the person who hit you. You owe them nothing, especially not cooperation that will be used against you.
Document everything, but don't discuss details. Take photos, save medical records, and keep receipts. But don't talk about fault or injuries with anyone except your lawyer and doctors.
How Insurance Companies Investigate Motorcycle Crashes
They examine the accident scene, looking for evidence against you. Skid marks, debris, and damage patterns tell a story. They'll hire investigators if significant money is at stake.
Police reports get scrutinized. If the officer cited you or noted any factors suggesting rider error, insurance companies pounce. Your attorney can challenge inaccurate reports.
Witness statements are gathered and analyzed. Insurance companies talk to anyone who saw the crash, looking for accounts that support their denial or undervaluation of your claim.
Social media becomes evidence. Pictures of you on your motorcycle, posts about riding, or comments about the crash can all be used against you.
Medical Records and Privacy
The other driver's insurance has no right to your medical records without your authorization. Never sign a medical release for them.
They'll request authorization to access all your medical history. They claim they need it to verify your injuries, but really, they're hunting for pre-existing conditions to blame.
Your own insurance might request records, too. Be careful about broad authorizations even to your own carrier, especially if you might need uninsured or underinsured motorist coverage.
Your attorney will obtain relevant medical records. Your motorcycle accident lawyer knows which records are necessary and can review them before providing them to insurance companies.
The Role of Your Own Insurance Company
Your insurance might provide benefits regardless of fault. Personal injury protection, medical payments coverage, or uninsured motorist coverage can help pay expenses while your claim is pending.
Even your own carrier can be adversarial. When you make an uninsured or underinsured motorist claim, your insurance company becomes an opponent. They'll use the same tactics the other driver's insurance uses.
Have your lawyer handle communications with your carrier. Your attorney protects your rights even when dealing with your own insurance company.
What Happens If You’ve Already Talked?
Don't panic if you already spoke to the other driver's insurance. Tell your attorney exactly what you said. Your lawyer needs to know what statements exist to counter them.
Your attorney can potentially limit damage from prior statements. Lawyers can argue you were medicated, in shock, or didn't understand the questions when you gave early statements.
Inconsistencies between your statement and evidence might actually help. If your recorded statement conflicts with witness accounts or physical evidence, it shows you weren't thinking clearly rather than proving you're dishonest.
Be honest with your lawyer about what you told insurance companies. Your attorney can't help if they're surprised by damaging statements during settlement negotiations or trial.
Understanding Settlement Authority
Insurance adjusters have limited authority to settle claims. They can offer a certain amount without supervisor approval. Larger settlements require permission from managers or committees.
Initial offers rarely represent true settlement authority. The adjuster might be authorized to pay significantly more but starts low, hoping you'll accept.
Your lawyer knows how to push past initial offers. Attorneys understand insurance company structure and how to escalate negotiations when adjusters won't offer fair value.
Lawsuit threats change settlement dynamics. Once your attorney files a lawsuit, different insurance company employees get involved. Defense lawyers cost money, and trials are risky for insurance companies.
Building a Strong Claim Without Early Statements
Your motorcycle accident lawyer will investigate the crash thoroughly. We'll examine police reports, interview witnesses, and review accident scene evidence. Medical documentation builds your case. Detailed records from emergency treatment through ongoing care demonstrate injury severity without your giving potentially damaging statements.
Accident reconstruction might be necessary. For challenging crashes, our team works with professionals who can recreate how the collision occurred using physical evidence and scientific analysis. Videos and photographs preserve evidence. Traffic cameras, business security systems, and bystander cell phone videos can all show what really happened.
Insurance Company Tactics to Watch For
Delays and denials are common strategies. Adjusters might stop returning calls, claim they need additional information, or deny claims, hoping you'll give up. They might claim you failed to cooperate. Refusing to give a recorded statement isn't failing to cooperate. Your attorney can provide the necessary information formally.
Blame-shifting is standard practice. Even when the insured was clearly at fault, insurance companies look for ways to shift responsibility to you. Low offers with tight deadlines create pressure. They might say the offer is only good for a few days, hoping urgency will make you accept inadequate compensation.
Let Our Motorcycle Accident Attorneys Handle It
Lorenz & Lorenz, PLLC has represented motorcycle riders throughout Travis, Williamson, Bell, and Hays counties since 2001. We know the biased riders face from insurance companies and juries, and we know how to overcome it.
When Johnny Martinez helped Cindy Cantu after her stressful accident, she felt calm and assured that everything would be handled. Sofia made Joey English feel truly cared for throughout the process. Our attorneys earned Rising Star Super Lawyers recognition, based on peer nominations.
We focus solely on personal injury law, which means we stay current on tactics insurance companies use to deny and devalue motorcycle crash claims. We'll meet you at home, in the hospital, or at our Austin office. Contact us for a free consultation before you talk to any insurance company.
FAQ: Insurance Company Contact After Motorcycle Crashes
Do I have to answer when the insurance company calls?
No. You have no legal obligation to speak with the other driver's insurance company. You can politely decline and refer them to your attorney.
What if they say my claim will be delayed if I don’t give a statement?
This is a pressure tactic. Your lawyer can provide the necessary information without you giving a potentially damaging recorded statement.
What about my own insurance company?
Have your lawyer contact them. Even your own carrier can use statements against you, especially in uninsured motorist claims.
How long do I have to report the accident to insurance?
Your policy likely requires prompt notice. Have your attorney report it quickly while protecting you from giving damaging statements.
