Giving a Recorded Statement in an Motorcycle Accident Case

Many Motorcycle Accident victims are trying to recover from their injuries when they are contacted by an insurance adjuster demanding a recorded statement. As if they do not have enough to do, and even though the accident cause is clear, and there is a police report in your favor, the demand is still made. Why demand a statement?

Insurance adjusters try various explanations to get you to give a statement. "It is my job" or "We would like to understand your injuries" or "We want to understand from you how the accident occurred." Carriers will tell you that to open a file, they need your statement. Some insurance adjusters request statements even though the police report is favorable and sets forth your version of the collision.

It is our suggestion that you deny such requests to any insurance company but your own. So what harm can come of your granting a recorded statement?

Insurance companies want to keep their money avoid paying claims. They want to talk to you before you are protected by an attorney. They want you "On the record" so that any slip of the tongue or lapse of memory can be used against you later. Even a vague question answered in a vague way by you can be an opportunity for an attorney later to accuse you of misstating the truth. The more you have to explain yourself, the less focus on the wrongful conduct of the other party. Please review Can You Always Depend Upon the Insurance Company To Do What Is Right?. Ask yourself what an adjuster can gain from a recorded statement that is not obtainable with informal discussion. The answer is not a thing. Therefore, the demand for a recorded statement must benefit them and that is why they want it.

Many examples exist. You may inadvertently describe the accident or injuries in a way that puts blame on you. "I really didn't see your insured before the collision" may be accurate, but suggests you may not have been paying attention. We see it all the time, a recorded statement with a remark that is innocently given, but used against the motorcycle victim later. You may not know what other witnesses have said, and your version may be different than the other witnesses, due to your view and preconception. It is always better to compare what you are going to say about an accident with other witnesses before you give your version. You should review Simplify Your Motorcycle Accident Version.

You might be asked to talk about your injuries. You may not have any on the first day after the accident. Many clients do not feel injuries until several days after the accident. Many clients avoid complaining about their injuries and therefore downplay them. Who wants to be seen like a complainer or a sue happy person. Until you know your injuries and the period you will be disabled, it is better to remain silent. When the doctor has advised you and you are sure of your residual injuries, then you may consider telling someone what the doctor has said, not at the initial time of injury.

Adjusters would like to ask about other collisions or accidents. Many clients do not know that adjusters have databases of every accident claim made in California. This indexing information may reveal a past accident you forgot about. If you gave a statement and said you did not have any other accidents, forgetting that small fender bender, then you may be described as a liar later in litigation and accused of hiding the truth "under penalty of perjury" during this recorded statement.

Just say no to a request for a recorded statement. The insurance company wants the statement to defeat your motorcycle claim. There is no need to give a statement to the other side.

Get a competent motorcycle accident attorney to advise you before giving a recorded statement. Call us if you want our attorneys to advise you, 1-888-752-7474 or Contact Us Online.