After a motorcycle crash, avoid saying you’re sorry, admitting any fault, speculating about the accident, downplaying your injuries, or giving a recorded statement to an insurance adjuster. These statements can be misinterpreted or used to argue you were partially to blame for the collision, which reduces the compensation you receive. An Edmonton motorcycle accident lawyer can handle all communication with insurers to protect your rights and help you pursue full compensation.
The insurance adjuster’s role is to investigate the claim for their employer. Their goal is to manage their company’s financial exposure, which means they are looking for information that could justify a lower payout. This process is guided by Alberta’s Contributory Negligence Act, where any percentage of fault assigned to you can directly decrease your settlement.
The good news is, you don’t have to manage these conversations alone. When you hire a motorcycle accident lawyer, they take over all communication with the insurer.
If you have questions about your motorcycle accident claim, call MNH Injury Lawyers for a straightforward conversation about your situation at (888) 664-5298.
Why Does What I Say to the Insurance Adjuster Matter So Much?
The Adjuster’s Role is Not to Be Your Advocate
Remember that insurance adjusters are employees of a business. Their job is to investigate claims to determine liability and the company’s financial obligation. While they may be personable and seem helpful, their ultimate responsibility is to their employer’s bottom line. How Can a Lawyer Help in this situation? An experienced motorcycle accident lawyer can handle all communication with the adjuster, protect your rights, and make sure the insurance company does not use your statements to reduce the compensation you deserve.
Their conversations with you are purposeful; they are trained to ask questions that gather specific information. They may ask leading questions or phrase things in a way that encourages answers that could weaken your claim. Their goal is to get a clear picture of the incident, and part of that picture includes any factors that might reduce the amount the insurance company has to pay.
The Concept of Contributory Negligence in Alberta
This brings us to a key legal principle in Alberta. Under the Contributory Negligence Act, if you are found even partially at fault for the accident, your compensation is reduced by that same percentage. This law directs the court to determine the degree to which each person was at fault and apportion liability accordingly.
Think of it like a pie. If a court decides you were 25% at fault for the motorcycle crash, 25% of the compensation pie is removed before you get your share.
The 7 Things You Should Never Say to an Insurance Adjuster
1. “I’m sorry” or “It was my fault.”
Why it’s damaging: An apology is a natural, polite reflex after any kind of incident, regardless of who is at fault. However, in a legal context, these words might be interpreted as a direct admission of legal fault for the accident.
What the adjuster hears: “The person making the claim has accepted responsibility, which reduces our company’s need to pay the full amount.”
2. “I’m fine” or “I’m not really hurt.”
Why it’s damaging: The adrenaline rush from a motorcycle accident masks pain and other symptoms for hours or even days. Many serious injuries, like concussions, whiplash, or internal bleeding, have delayed symptoms. Saying you’re “fine” right after the crash creates an official record that the insurer can use later to argue your injuries aren’t related to the accident or are not as severe as you claim. Common Causes of Motorcycle Accidents in Edmonton such as distracted drivers, sudden lane changes, and failure to yield often leave riders with these hidden injuries, making careful documentation and medical follow-up essential.
What the adjuster hears: “The claimant stated they had no significant injuries at the beginning. Any medical issues that appeared later might be from another cause.”
3. Speculative Statements: “I think…” or “Maybe…”
Why it’s damaging: When you guess about speeds, distances, or the sequence of events, you are providing unconfirmed information. If details in your speculative statement don’t perfectly match the police report, witness accounts, or physical evidence, the adjuster may question your credibility and the reliability of your entire account.
What the adjuster hears: “The claimant’s memory is unreliable. Their version of events cannot be fully trusted.”
4. Giving a Recorded or Formal Statement.
Why it’s damaging: You are generally not legally obligated to provide a recorded statement to the other driver’s insurance company. These statements lock in your story before you may know all the facts or the full extent of your injuries. The adjuster and their legal team analyze every word, looking for small contradictions or statements to use against you.
What the adjuster hears: “We have a permanent record of their initial account. We can compare this to all future statements, medical records, and reports to find inconsistencies.”
5. “I don’t have a lawyer.”
Why it’s damaging: This signals to the adjuster that you are navigating a complex legal and administrative process on your own. While not an admission of anything, it may change the dynamic of the negotiation. An adjuster may be more inclined to offer a quick, low settlement, knowing you may not be aware of the full potential value of your claim or the procedures required to document it properly.
What the adjuster hears: “This person may not understand their rights or the claims process, so a standard, minimal offer will likely be accepted.”
6. Details About Your Pre-Accident Medical History.
Why it’s damaging: The adjuster is only entitled to information about injuries directly related to the accident. Discussing past injuries or health conditions gives them an opportunity to argue that your current pain is from a pre-existing condition, not the crash.
What the adjuster hears: “There is a pre-existing condition here. We can argue that the accident only aggravated an old injury, which limits our liability for medical costs and other damages.”
7. Accepting the First Settlement Offer.
Why it’s damaging: The first offer is almost always lower than the potential value of the claim. It is calculated to resolve the claim quickly and for the lowest possible amount. This is particularly true before the full extent of your long-term medical needs, potential for future income loss, and other damages are known. Accepting it means you forfeit the right to seek further compensation. What to Do After a Motorcycle Accident includes getting medical care, documenting every expense, and consulting a lawyer before considering any settlement.
What the adjuster hears: “The claimant is willing to settle for less. We can close this file quickly and under budget.”
Adjuster Red Flags: What to Watch Out For
Insurance adjusters receive extensive training in conversation techniques designed to gather information efficiently. Most are professional and straightforward, but some employ more sophisticated approaches that catch you off guard.
The “Friendly Ally” Approach
Some adjusters present themselves as being on your side against their own company. They might say things like “Between you and me, I think you have a strong case” or “I’m going to fight to get you the best settlement I can, but I need your help.”
This technique works because it makes you feel like you have an advocate inside the insurance company. The adjuster appears to be breaking ranks with their employer to help you out.
What they’re really doing: They’re creating a false sense of partnership to encourage you to share information you might otherwise keep private. When someone feels like they’re talking to a friend rather than an investigator, they tend to volunteer information they wouldn’t normally share.
False Urgency and Deadline Pressure
You might hear statements like “This offer is only good until Friday” or “If we don’t settle this week, it will have to go to my supervisor who is much less generous.” Another common variation is “Your medical bills are piling up—let’s get this resolved so you can pay them.”
What they’re really doing: These tactics exploit the financial stress that typically follows a motorcycle accident. When you’re facing mounting bills and lost income, the promise of immediate payment becomes very tempting. The adjuster is counting on you prioritizing quick resolution over maximum compensation.
The “Information Fishing” Follow-Up Call
After your initial contact, you might receive what seems like a friendly check-in call. The adjuster asks how you’re feeling, whether you’re back to work, or if you have any questions about your claim. These calls sound caring and supportive. How to Handle Motorcycle Accidents involves staying cautious during these conversations, sharing only basic facts, and referring the adjuster to your lawyer to protect your rights.
What they’re really doing: These follow-up conversations serve a specific purpose. The adjuster is looking for statements that contradict your initial injury claims or suggest you’re recovering faster than your medical records indicate. If you mention feeling better or returning to normal activities, they’ll document it as evidence that your injuries weren’t as severe as claimed.
The Silence Strategy
During phone conversations, an experienced adjuster might ask a question and then remain completely silent after you answer. This creates an uncomfortable pause that most people feel compelled to fill with additional information.
What they’re really doing: This technique exploits a natural human tendency to keep talking when faced with silence. You might find yourself adding details, speculating about what happened, or even contradicting something you just said. The adjuster knows that people often reveal more when they’re trying to fill awkward silence than when they’re directly questioned.
The “Senior Adjuster” Escalation
If initial negotiations aren’t progressing as the insurance company hopes, they might introduce a “senior adjuster” or “specialist” to your case. This person typically takes a more formal, business-like approach and might suggest that previous offers were overly generous.
What they’re really doing: This tactic serves two purposes. First, it allows the company to withdraw or reduce previous settlement offers by claiming the senior adjuster has different authority. Second, it can intimidate claimants into accepting lower amounts by suggesting that continuing to negotiate will only result in worse terms.
Medical Information Overreach
Some adjusters request authorization to access medical records far beyond what’s necessary for your claim. They might ask for releases covering your entire medical history or request records from doctors unrelated to your accident injuries. How to Seek Compensation includes limiting what you share and letting your lawyer handle these requests to keep the focus on records directly tied to your motorcycle accident.
The adjuster presents this as routine paperwork necessary to process your claim.
What they’re really doing: They’re looking for pre-existing conditions or past injuries they can use to argue that your current problems aren’t entirely related to the motorcycle accident.
When to Be Concerned
You should be particularly cautious if an adjuster:
- Tries to schedule multiple conversations without clear reasons for each call. One initial conversation should be sufficient for basic claim setup.
- Asks the same questions repeatedly in different ways. This suggests they’re looking for inconsistencies in your answers.
- Pushes for immediate decisions on settlement offers, especially before you’ve completed medical treatment.
- Requests information that seems unrelated to your motorcycle accident, such as details about your work performance or personal relationships.
- Becomes argumentative or confrontational when you decline to answer certain questions or request to speak with a lawyer.
Your Best Response
The most effective way to handle any of these tactics is to politely end the conversation and refer the adjuster to your legal representative.
So, What Should I Say? A Practical Guide to Your First Call
Keep it Simple and Factual.
You are typically required to report the accident to your own insurer in a timely manner. When you do, stick to the basic, verifiable facts. Provide your name, policy number, the date and time of the crash, the location, and the other party’s information. There is no need to volunteer extra details. Can You Sue for Injuries will depend on proving the other driver’s negligence, so keeping your statement simple protects your right to pursue a claim later.
Use Non-Committal, Honest Phrases.
Having a few simple, truthful phrases prepared can help you stay on track and avoid saying something you shouldn’t.
- Instead of: “I’m fine.”
- Try: “I’m still assessing my injuries and am following my doctor’s advice.”
- Instead of: Speculating on what happened.
- Try: “I’m not prepared to discuss the details of the accident at this time. The police report has information on that.”
Politely Decline a Recorded Statement.
If you are speaking with the other driver’s insurance company, you are not obligated to give a recorded statement. You have the right to decline politely but firmly.
You can say: “I’m not comfortable providing a recorded statement right now. I’d be happy to have my representative provide information in writing.”
Redirect the Conversation to Your Lawyer.
The most effective way to protect your rights is to have a legal representative handle communications. Once you have retained a lawyer, you can simply instruct the insurance company to speak with them directly. This ensures that all communication is handled professionally and strategically.
You can say: “I’ve asked a law firm to handle communications for me. Please direct all future questions to MNH Injury Lawyers. Here is their contact information.”
FAQ for What to Avoid Saying to Insurance After a Motorcycle Crash
What if my own insurance company asks for a recorded statement?
Your own insurance policy is a contract that likely includes a “cooperation clause,” which could require you to provide a statement to access your own Section B (no-fault) benefits. This clause generally means you must assist your insurer with their investigation. If the adjuster pressures you into accepting a quick payout, you can Refuse the Insurance Company’s Offer and consult a lawyer to review the claim’s full value before making any decisions.
However, it is still advisable to speak with a lawyer before providing any statement. A lawyer will help you understand your specific obligations and protect your rights in a potential claim against the at-fault driver, ensuring your words to your own insurer aren’t used against you in a different context.
What happens if I already said something I shouldn’t have?
This is a common situation, so don’t panic. The most important step is to prevent further issues. Stop further communication with the adjuster and contact a personal injury lawyer immediately. They’ll assess what was said and work to mitigate any potential damage to your claim by clarifying your statements and managing all future correspondence.
Why is a motorcycle claim treated differently than a car accident claim in Alberta?
Motorcycle claims involve more severe injuries due to the rider’s lack of physical protection. Unfortunately, they can also be complicated by biases against riders. Insurers may scrutinize the rider’s actions—like speed, lane position, or gear—more closely in an attempt to establish contributory negligence. This makes careful and precise communication even more important for motorcyclists.
Let MNH Injury Lawyers Handle the Conversation for You
You are recovering from a serious event. Your focus should be on your health and well-being, not on memorizing a list of what to say or avoid saying to an insurance adjuster. That is our job. We handle the paperwork, the phone calls, and the negotiations so you can focus on getting better.
Knowing what to avoid saying to insurance after a motorcycle crash is your first line of defense. But letting a professional speak for you is your best path forward.
Call MNH Injury Lawyers at (888) 664-5298 for a no-obligation consultation about your motorcycle accident claim.
