If a negligent driver injures you while you are riding your motorcycle, filing an insurance claim is usually the next step. Of course, the insurance company will have numerous questions, whether you are filing with your own or the other driver’s.
Insurance companies want to know the basics of the accident, like who and what vehicles were involved. They will also ask about the conditions at the scene, such as the road, lights, and the weather. The insurance company will likely try to twist your words to save them from making a payout, so never talk to them without your lawyer
Call Jerry Friedman, our motorcycle accident lawyer in New Jersey, today at 1-800-529-4464 for your free case review.
Questions Insurance Will Ask You After a Motorcycle Accident
Basic Details of the Crash
They will want to know at what time the accident occurred, where it happened, the vehicles involved, and who was driving them. They will certainly want to know what type of motorcycle you were on, such as a high-speed sports bike, but that alone is no confirmation of who is at fault.
Conditions of the Accident Scene
Questions about the conditions at the accident scene will usually be next. The insurance company’s questions will likely deal with
- Lighting
- Weather
- Road conditions
- Location
- Traffic level
- Traffic lights and signals present
- The speed limit
- Whether you were riding alone or with others
- Whether anyone stopped to help
- Whether you hit stationary objects.
What You Were Doing Before the Accident
Insurance companies will be highly concerned about the parties’ actions before the accident. They will usually ask where you were coming from before the accident and what you were doing there. They will also ask the other driver these questions.
For instance, if the other driver admits they were at a bar before the crash and you saw them swerving, our attorney can shift the blame to the other driver for most likely being drunk, even if they were not arrested for DUI.
Information from much earlier might be irrelevant, such as what you were doing an hour before the crash, but they will want as much information as you are willing to give them.
What You Were Doing After the Accident
Questions about what happened after the accident commonly concern what was said and whether the police and emergency medical services were called.
Perhaps the other driver admitted that they did not have the light and were sorry for crashing into you, only to have a completely different story after your case started. Take note of any statements the negligent driver makes, which might also be included in the police report when the investigating officer interviews them.
Whether There is a Police Report
While a police report is generally inadmissible as evidence in a trial, insurance can use it for their claim, and we can use it to build your case.
Whether You Were Following NJ Motorcycle Laws
Possibly, the most important questions you will be asked is regarding your compliance with the state’s motorcycle laws.
First up is likely to be whether you were wearing a helmet when the crash occurred. According to N.J.S.A. § 39:3-76.7, all motorcycle operators and passengers must have a helmet on when riding.
The insurance company will also ask if you were wearing eye protection or whether your bike has a windshield. Under § 39:3-76.8, you must wear goggles, a face shield, or your bike must have a windshield.
If you were missing any gear, the insurance company may try to use it as proof that you were responsible for some of the severity of your injuries, even if the gear is not strictly required.
Information About Your Damages
Your insurance company and the other driver’s provider will want to know about your injuries and other damages you sustained, like pain and suffering. Ultimately, we will need to turn in proof, such as the actual bills for your medical care and proof of lost earnings.
Are There Things I Should Avoid Saying to Insurance?
In general, you should avoid talking to insurance without your lawyer. Always call our NJ motorcycle accident lawyers first so we can guide you through what to say or handle the conversations for you.
However, the following are great things to avoid:
Don’t Lie or Exaggerate
Never stretch the truth or exaggerate, and definitely don’t lie. If you do, it will not only potentially be called fraud and cause you to lose your claim, but it could also undermine your credibility about other things you were telling the truth about.
Don’t Admit Fault
Never say you were at fault, and do not accept the insurance company’s insinuation that you were at fault. In fact, avoid apologizing, just to make sure they can’t interpret that as an admission of fault.
Don’t Downplay Injuries
Never say anything like, “Oh, it’s not that bad,” and don’t refer to your injuries as “minor.” We can provide medical records that show exactly what your injuries are in medical terms. That can prevent the insurance companies from misunderstanding the severity, either on purpose or by accident.
Don’t Give Opinions
Don’t go beyond the facts of the case. The insurance company may want to hear your opinions or speculation, but this 1) isn’t good evidence and 2) might hurt you if you guess wrong and have to contradict yourself later.
If you’re having trouble remembering details or know you can look them up somewhere else, say that instead of guessing.
Don’t Contradict Yourself
Your story should remain consistent the whole time. Make sure to go over it with your lawyer to make sure that it doesn’t change from telling to telling and that you are not changing or misremembering any details over time.
FAQs for Talking to Insurance After a Motorcycle Crash in New Jersey
Do I Need to Call Insurance?
You may be required to report an accident to your own insurance company, as it could affect your premiums. However, your claim for a motorcycle crash is usually filed against the at-fault driver’s insurance.
You do not need to call them and walk into the lion’s den alone. You can – and should – call a lawyer first.
Should I Talk to Insurance?
If you are filing a claim, get a lawyer first. Once you are represented, the insurance company should go through us instead of talking to you directly. If they need additional information, we can supply it. If they have more questions, we can get your answers.
Should I Accept a Settlement?
If the insurance company contacts you with a settlement offer, do not accept it until after you talk to us. We need to review it to make sure it is fair and that it covers your needs.
If you accept it, your case is done. You cannot add more money into it later, even if it was wrong or you forgot about something.
Do Settlements Change Based on Fault?
If the insurance company believes you were partially responsible for the accident, they will lower your damages to reflect that. Even when the case goes before the court, the jury can assign partial blame to each party – including the victim.
Each party pays their fair share of damages, and the victim loses out on the portion equal to their share. You cannot win your case if you were more at fault than the defendant.
If the defendant’s fault rose to the level of recklessness, you may be entitled to punitive damages from them.
Do I Have to Give a Recorded Statement?
If you call the insurance company, everything you say to them is recorded. They may specifically ask you for a statement, too – which will also be recorded. If you can avoid calling them and only talk to them through our lawyers, that is much better. They will try to twist your words, even if they have them recorded directly, and it is best to avoid the entire conversation when possible.
How Long Does Insurance Take to Decide After I Talk to Them?
After you file your claim, insurance companies can take months to make their decision. Their investigation can last quite some time, especially if it is a complex case or involves serious, expensive injuries.
By that point, you should definitely have our lawyer on the case to help speed up negotiations, talk them into damages, or take the case to court if they are delaying or denying the claim.
What Do I Do After a Denial?
If you talked to the insurance company, made your case, and they still denied you, call us. We can negotiate for damages and, if they still refuse to pay you, sue the defendant. Then the insurance company will have to answer in court instead of on their own playing field.
Talk to Jerry Friedman, Our New Jersey Motorcycle Accident Lawyer, for Help Preparing for Your Claim Today
For a free, private case review, contact our Jersey City motorcycle accident lawyer, Jerry Friedman, at 1-800-529-4464.