After a motorcycle accident, the other driver’s insurance adjuster may contact you and ask for a recorded statement. The adjuster may describe the interview as a routine part of investigating the collision or suggest that the company cannot evaluate your claim without hearing your version of events.
You should approach that request cautiously.
In most cases, an injured motorcyclist does not have a contractual obligation to provide a recorded statement to the other driver’s insurance company. That company represents its policyholder and has a financial interest in reducing what it pays on your claim.
The adjuster may use your answers to argue that you were speeding, riding aggressively, difficult to see, improperly positioned in the lane, or responsible for failing to avoid the crash. Your comments about your injuries may also be compared with later medical records.
At DBLF Injury Lawyers, we represent riders injured in Henderson and throughout Southern Nevada. Our motorcycle accident lawyers can communicate with the insurance companies, investigate the collision, and help protect you from unfair attempts to shift blame.
A recorded statement is an interview conducted by an insurance adjuster, investigator, or another representative of an insurance company. It may occur by telephone, video conference, or in person.
The adjuster will typically ask for permission to record the conversation before asking questions about:
The interview may feel informal, but the adjuster is gathering information that could affect the company’s determination of fault and the value of your claim.
Generally, no. You are usually not a party to the other driver’s insurance policy and therefore do not have the same contractual duty to cooperate that the insurer’s own policyholder may have.
The adjuster may insist that a statement is necessary before the claim can move forward. You can often provide basic information through an attorney or written correspondence without participating in an open-ended recorded interview.
The answer may be different when:
Before agreeing to be recorded, determine which insurance company is calling, whom it represents, and whether any policy provision actually requires your cooperation.
Motorcycle accident claims often involve assumptions that do not arise as strongly in ordinary passenger-vehicle cases. Insurance companies may attempt to characterize a rider as reckless simply because the person was operating a motorcycle.
A recorded statement can give the insurer material to support that narrative.
The adjuster may ask repeated questions about your speed, lane position, acceleration, braking, riding experience, or motorcycle modifications.
Even an innocent answer can be reframed. For example, saying that you accelerated to move away from traffic may be characterized as aggressive riding. Saying that you did not see the vehicle until impact may be used to suggest distraction, even when the driver entered your path suddenly.
Fault should be determined from all available evidence, not from one isolated answer given shortly after a traumatic event.
Drivers often claim that a motorcycle “came out of nowhere.” That statement may actually indicate that the driver failed to check a blind spot, look carefully before turning, or yield the right of way.
During a recorded statement, the adjuster may ask questions designed to establish that:
These allegations should be compared against photographs, witness accounts, vehicle damage, video footage, roadway evidence, and accident reconstruction findings.
Motorcycle crashes can cause multiple injuries, including traumatic brain injuries, fractures, internal damage, spinal injuries, road rash, nerve damage, and torn ligaments.
Some symptoms may not become fully apparent until hours or days after the collision. Adrenaline, shock, pain medication, and emergency treatment can also affect how you describe your condition.
If you tell the adjuster that you are “okay,” the insurer may later compare that statement with medical records documenting more serious injuries.
You can accurately explain that you are still being evaluated and do not yet know the full extent of your condition.
Nevada generally requires motorcycle operators and passengers to wear approved protective headgear. The adjuster may ask detailed questions about your helmet, whether it was fastened correctly, its condition, or whether it met applicable safety standards.
Helmet use ordinarily does not determine who caused the collision. The insurer may nevertheless argue that the helmet affected the severity of a head or facial injury.
Do not speculate about whether different equipment would have changed your injuries. That question may require analysis from medical professionals, engineers, or accident reconstruction experts.
Nevada follows a modified comparative-negligence rule. An injured rider’s compensation may be reduced according to their percentage of responsibility. Recovery may be barred when the rider’s negligence is greater than the combined negligence of the parties from whom damages are sought.
This gives the other driver’s insurer a financial reason to identify conduct it can attribute to you.
An adjuster may claim that you:
Every additional percentage of fault placed on you may reduce the insurer’s potential payment.
Remain polite, but do not feel pressured to participate immediately.
Ask for the adjuster’s:
You can state that you are not prepared to provide a recorded statement and will respond after seeking legal advice.
Avoid arguing about fault or guessing about speed, distance, timing, visibility, or the actions of the other driver. Motorcycle collisions often happen quickly, and physical evidence may provide a more accurate account than an immediate estimate.
You may be able to provide limited identifying or logistical information, including:
Be cautious when discussing:
Do not sign a broad medical authorization without reviewing it carefully. The insurer may use an expansive authorization to seek unrelated medical records from years before the motorcycle accident.
A request from your own insurance company is different. Your policy may require reasonable cooperation when you seek benefits such as:
Failing to satisfy a valid cooperation requirement may affect your coverage. However, you can still ask why the statement is required and consult an attorney before participating.
Ask the adjuster:
Your own insurer may also become adverse when an uninsured or underinsured motorist claim is involved. The company may challenge fault, injuries, or damages even though you purchased the policy.
Yes. The insurance company may compare your answers with:
Minor differences in wording can occur naturally, particularly after a traumatic collision. The insurer may still use those differences to question your accuracy or credibility.
A written account may provide more control than an unscripted interview, but it can still become evidence and should be prepared carefully.
Before submitting anything:
In some cases, an attorney can provide the information needed to evaluate the claim without submitting a formal statement from the rider.
Giving a statement does not automatically prevent you from recovering compensation.
Write down everything you remember about the interview, including:
Request a copy of the recording or transcript and provide it to your attorney. A lawyer can compare the statement with the evidence and explain incomplete answers when necessary.
Avoid making repeated calls to correct or expand your answers without legal guidance. Additional explanations can create more opportunities for inconsistency.
Your version of events is important, but a motorcycle accident investigation should also consider objective evidence such as:
This evidence may challenge an insurer’s claim that the motorcycle was speeding, hidden from view, or operated unsafely.
A lawyer can take over communications with the other driver’s insurer so you do not have to manage repeated calls while recovering from your injuries.
DBLF Injury Lawyers may also:
The insurance adjuster does not serve as your legal adviser. Before agreeing to a recorded interview, obtain advice from someone whose responsibility is to protect your interests.
The other driver’s insurer may describe a recorded statement as routine, but the answers you provide can affect the company’s position on fault, injuries, and compensation.
Motorcyclists may also face unfair assumptions that they were speeding or riding recklessly. You should not give the insurer an opportunity to reinforce those assumptions through incomplete or out-of-context answers.
DBLF Injury Lawyers represents injured riders in Henderson and throughout Nevada. We can review the adjuster’s request, handle insurance communications, and investigate the evidence needed to support your claim.
Call (702) 750-0750 or contact a Henderson motorcycle accident lawyer to schedule a free consultation. The firm handles personal injury cases on a contingency-fee basis, meaning you do not pay attorney’s fees unless compensation is recovered for you.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this material or contacting the firm does not create an attorney-client relationship. Insurance obligations and legal rights depend on the policy, parties, evidence, and facts of the motorcycle accident. Consult a qualified Nevada attorney regarding your particular situation.
