A common request you may receive from the negligent driver's insurance adjuster soon after your motorcycle accident is to give a recorded statement. They may make it sound like this is a routine step in their investigation of your claim.
However, they have other motives for taking your recorded statement. Agreeing to their request could significantly weaken your claim and make it impossible to receive all the compensation you deserve in your settlement—even if you have an experienced motor vehicle accident lawyer representing you.
What Is a Recorded Statement?
You may be asked to respond to a series of questions about how your motorcycle accident occurred and how your injuries are affecting you. The interview would likely be conducted over the telephone. The insurance adjuster will want to record the conversation and then have it transcribed into a written document. They would then be able to use any statements you made in settlement negotiations, court hearings, and a jury trial.
How Agreeing to Give a Recorded Statement Could Hurt Your Case
You do not have to agree to give a recorded statement to settle your claim, and you shouldn't. Even if you know you were not at all at fault in causing your motorcycle collision, you could say something that the insurance adjuster could use to deny your claim or pay you less than you are entitled to in your settlement. Here are three ways you could damage your claim.
The insurance adjuster will look for statements about the crash or your injuries that are different from ones you gave to the police officer at the crash scene, your doctors, or others. If they find any inconsistencies, they will argue that you are not being truthful or are not a credible witness.
Answers You Did Not Mean
When taking your recorded statement, the insurance adjuster could ask you confusing or tricky questions designed to get you to say something you did not mean. They are very skilled in this technique. You could inadvertently admit some fault for causing your motorcycle accident or make another admission that weakens your case.
Premature Statements About Your Injuries
If you agree to give a recorded statement, the insurance adjuster would ask you questions about your injuries and your treatments. However, soon after your collision, you will not know the full extent of your injuries, what treatments you will need, and how long it will take you to recover—if you make a full recovery.
Any answers you give could be inaccurate because you just do not have enough information about your injuries when you give your statement. However, the insurance company could still use them against you to argue that your injuries are not as serious as you claim and that you should receive less money in your settlement.
What Should You Do If You Are Asked to Give a Recorded Statement?
Politely refuse the insurance company's request for a recorded statement and advise the insurance adjuster that you will have your lawyer contact them. If you have not already hired one, you should do so immediately. They can take over all communications with the insurance company and fight so that you receive all that you are entitled to in your settlement.
Have You Been Injured In a Kansas City Area Motorcycle Accident?
If you've been injured in a motorcycle accident, you need to speak with an experienced motorcycle accident lawyer as soon as possible. It will cost you nothing to hire us because we handle these cases on a contingency fee basis where you only pay us if we win your case. We will also front the costs and fees you could incur. Contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.