The insurance adjuster for the negligent driver could call you within a few days of your motorcycle accident and ask you to give a recorded statement. They may make it sound like a routine request needed before they settle your claim.
However, this is not true. You should not agree to give them a recorded statement. It could seriously weaken your case and force you to accept less compensation than you deserve for your injuries.
Three Reasons to Say No If You’re Asked to Give a Recorded Statement
A recorded statement is a question-and-answer session where the insurance adjuster would ask you questions about your motorcycle collision and injuries. It would be recorded and transcribed into a written document. Here are three reasons not to agree to give one.
- You don’t have to give a recorded statement. You do not have to give a recorded statement in order to settle your claim with the insurance company. Do not believe the insurance adjuster if they try to convince you that you must give one.
- You could make a damaging statement. Even if you are careful about what you say, you could inadvertently say something that you do not mean that could hurt your case. The insurance adjuster is trained in asking tricky or confusing questions designed to elicit an answer that they can use to deny your claim or pay you less than you are entitled to under California law.
- Your statement could be used against you. Any statements you make can be used against you in settlement negotiations with the insurance company. In addition, they could use what you say at court hearings and your jury trial if you must file a lawsuit and litigate your claim.
How Should You Handle a Request for a Recorded Statement?
If the insurance adjuster asks you to give a recorded statement, you should not feel pressured to say yes to their request. Here’s how to handle the situation:
- Politely tell them that you will not agree to give them a recorded statement.
- Advise them that you will have your attorney contact them. If you have not yet hired an experienced motorcycle accident lawyer, you should do so immediately. They will take over all communications with the insurance company and ensure that your rights are protected.
If you were injured in a motorcycle accident in the Southern California area, call my San Diego office to schedule a free, no-obligation consultation learn how I will aggressively fight with the insurance company for the compensation you deserve for your injuries.