After a motorcycle accident that leaves you injured, you may receive a lot of conflicting advice from many different sources, some trustworthy and others less so. As a result you may be confused about what you should do in the aftermath. For example, you may have heard that you should not talk to representatives of an insurance company following a motorcycle accident. However, it is important to draw a distinction between your own insurance company and the other party’s insurer.
Talking to Your Insurance Company
It is not only encouraged but often necessary to talk to your own insurer after a motorcycle accident. The company that insures you is supposed to act in your interest. You should report the accident right away to your own insurance representative, who will probably ask for information such as the facts of the accident, the driver’s information, and the case number for the police report. If you were not at fault for the accident, your representative can file a claim with the other insurance company on your behalf.
These are guidelines that presume that you live in a fault state. If you live in a no-fault state, you will not file a claim with the other party’s insurance but with your own. This is covered by your personal injury protection plan, which you are required to carry. PIP coverage is optional in most fault states but still available, so you can make a PIP claim if you have the coverage regardless of where you live. Another situation in which you may need to make a claim with your own insurer in a fault state is if the other party either has no insurance or limited coverage.
Talking to the Other Party’s Insurance Company
After the accident, you may receive a phone call within a few days from an adjuster with the driver’s insurance company. You are under no obligation to talk with the adjuster, and it is often recommended that you do not do so. The adjuster represents the interests of the other party and, more significantly, the insurance company for which he or she works. Therefore, the adjuster is specifically looking for evidence the company can use to deny or reduce your claim. He or she may sometimes stoop to dirty tricks to make you look bad. Under no circumstances should you allow an adjuster to record a conversation, and if you do choose to talk to the representative, confine yourself to the facts of the case.
One of our attorneys can handle communications with the other party’s insurance company so that you do not have to worry about accidentally saying something you shouldn’t. After talking to your insurer, contact a motorcycle accident law firm, such as Johnston Martineau, LLP, to discuss your claim.