What to Say to an Insurance Adjuster: Quick Guide From a Nebraska Motorcycle Accident Lawyer
One of the most challenging aspects of dealing with the aftermath of a motorcycle wreck that wasn’t your fault is uncertainty. From healing from injuries to considering filing a claim for compensation, not knowing exactly what to do or what will happen is frustrating. One way you can take control and protect your rights is to empower yourself with the right information. For example, should you talk to the insurance adjuster representing the negligent party?
The experienced motorcycle accident lawyers at Beck & Beck Attorneys know how challenging the claims process can be—and especially what pitfalls to avoid. Here’s what we recommend to clients about dealing with the at-fault party’s insurance company.
Why an Insurance Adjuster Might Ask You Questions After a Motorcycle Accident
An adjuster is tasked with assessing the situation and attempting to establish liability and who will be responsible for damages. Unfortunately, insurers could potentially use what you say to deny coverage or shift responsibility for the accident—and they’re not concerned with getting you maximum compensation for damages and injuries.
So an adjuster’s responsibility is to use whatever information they can gather to help reduce payouts or even deny claims altogether. For these reasons, it’s best to avoid discussing the details of the accident. Don’t discuss:
- How the accident happened
- Who may or may not be at fault
- Your current or future injuries or medical care
- Any other specific questions the adjuster may try to get you to answer
Even if the questions seem simple and benign, remember: the adjuster works for the insurer, not you. Nebraska is an at-fault state that uses a 50 percent comparative negligence system. This means that if you’re less than 50 percent at fault for an accident, you’re still eligible to recover damages from the at-fault driver. However, insurance companies may try to increase your fault percentage and deny or reduce your claim to protect their bottom line.
Other Things to Avoid When Talking to an Insurance Adjuster
In addition to trying to get you to answer questions about the details of the motorcycle accident, an adjuster may attempt to discuss settlements or ask for a recorded conversation, signed statements, medical records, or other information. To protect yourself, don’t
- Accept initial payouts or settlement offers.
- Make an official statement, signed or otherwise.
- Consent to a recording of the conversation.
- Agree to the release of medical records without first consulting with an attorney.
Your Best Response to an Insurance Adjuster Is Simple
While you must exchange basic information with the other party after an accident—such as names, phone numbers and email addresses, and vehicle and insurance details—you’re under no legal obligation to discuss the accident or answer questions from an insurance adjuster. If the other party’s insurance adjuster calls or attempts to meet you, the best response is to simply (and politely) tell them to contact your lawyer. If you don’t have one yet, tell the adjuster to contact your insurance company directly.
Even if the Insurance Company Accepts Financial Responsibility, There May Still Be Pushback
Because the burden is on you to provide evidence such as the legitimacy and extent of your injuries, as well as the amount of your economic and non-economic damages, an insurer might still push back on claims and dispute losses.
When you hire Beck & Beck as your motorcycle accident lawyers, we take charge of all communications with the insurance company, starting with the adjusters right through to settlement negotiations. Our commitment to your case helps protect your rights and gives you the best chance of getting a fair recovery after the accident. While specific results cannot be guaranteed, working with our skilled legal team reduces the level of frustration and complexity you have to deal with during your recovery.