Auto Insurance
Should You Talk To Your Insurance Company After an Accident?
There are many things to worry about if you were involved in a motorcycle accident. A person’s first concern will be their health. This is often followed by what financial impact the accident will have, including medical expenses and the possibility that they will not be able to work. The next thought will be whether it is a good idea to reach out to your insurance provider or accept a telephone call from an insurance agent representing another driver in the accident. Before speaking with any insurance adjuster, you should talk with an experienced motorcycle accident attorney. Below, we discuss speaking with insurance companies after a motorcycle accident.
Must I Report an Accident to My Insurance Company?
There are no state laws or regulations that require you to report a motorcycle accident to an insurance company. However, you still could have a contractual requirement imposed by the terms of your insurance policy. All standard insurance policies have a reporting provision. The time frame will depend on the exact terms, but it is usually a “reasonable” period – meaning one or two days.
If you want to ensure coverage after your accident, you should comply with the reporting requirements. However, that does not mean you should speak at length with your insurance provider or the insurance carrier representing another driver.
You Are Not Required to Answer an Opposing Insurance Adjuster’s Questions
After a motorcycle accident, you are likely to receive a call from an insurance adjuster representing another driver involved in the crash. There is no legal or contractual requirement to speak with the insurance carrier of another driver. You should not feel any pressure or provide any information. When asked whether you can describe what occurred, you should refer the adjuster to the police report. You are also not required to provide them your medical records or any documentation relating to your injury.
In many cases, an adjuster will appear sympathetic towards your injuries or attempt to convince you that speaking with them is part of the normal process. Sometimes, an adjuster will claim that it is either necessary or to your advantage to tell your side of the story. It is important to remember that an insurance provider is not representing your best interests. They are looking to find some way to mitigate their liability or find a reason to deny any claim. Our experienced motorcycle accident attorney has been negotiating with insurance companies for years. It is best to focus on healing and allow your legal representative to deal with any insurance issues.
Do Not Provide Any Written Statements or Documentation to an At-Fault Insurance Company
Anything you verbally say to an insurance adjuster will be recorded and possibly used to deny or lower your potential compensation. Likewise, any written statement you give to an insurance company will be used against you. You should never give an insurance company a written response without speaking with our skilled motorcycle accident attorney.
Your medical records and documents are vital to a personal injury lawsuit. An insurance company will look through your medical history to find some pre-existing condition to argue that your injuries are not as severe as you claim or that they are the result of another incident. Providing any information about your health or injuries could jeopardize your claim. A simple statement such as “I’m not that hurt” could be used to minimize or deny your settlement offer. Additionally, all information in your medical history is not relevant to the injuries you sustained in a motorcycle accident. Our knowledgeable motorcycle accident lawyers will work with your doctor and other medical professionals to document your injuries.
Never Accept a Settlement Without Speaking with An Experienced Accident Attorney
One reason an insurance carrier might want to talk with you is to offer you a quick settlement. Often, they will do this to avoid the risk of a personal injury lawsuit – especially if your conduct did not contribute to the accident at all. The thought of receiving money sways many injured cyclists. When someone faces looming medical expenses and might not be working, a check in the mail can be very enticing. However, if you accept any payment from an insurance company, you are not permitted to seek additional compensation. If the settlement is insufficient to cover your medical costs or does not replace all the income you have lost, you cannot sue for more.
By speaking with an attorney before accepting an offer, you will have a much better idea of whether the settlement amount was fair. Get a lawyer who has evaluated motorcycle accident injury cases for years. Without knowing what your case is worth, it is impossible to make an informed decision regarding any offer.
You Must Report An Accident to Law Enforcement
According to Jerry Friedman, a New Jersey motorcycle accident lawyer, reporting is mandatory.
“At least in New Jersey, you are required to report a motor vehicle accident if a person suffered an injury,” says Friedman. “The same applies if there was any property damage above $500.” Under the law, a driver or motorcyclist must report the accident to local law enforcement or the New Jersey State Police.