I was riding a bike and was hit by a car. I have a question about how the claims process works.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Dec 31, 2012

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Insurance Question from McCullers, NC

Asked on 12/31/2012

I was riding a bike and was hit by a car. I have a question about how the claims process works. I was hit by a taxi while on my bicycle, and had some minor injuries. I have medical and repair bills around $2,000. The driver's insurance adjuster keeps telling me I need to make a recorded statement to her, so that she can conclude her liability investigation to find out if her client is liable. The police report cites the driver as at fault. He did not slow down in time while I was crossing the street (I had the right of way). Everything I've read has said that I should never make a recorded statement, that it will only be twisted and used against me. Is this correct?

Answer given on January 01, 2013

When you are involved in an auto accident, even while you were riding a bicycle, the insurance company for the responsible driver has the right to make a full investigation. This includes the police report and a statement from the other driver and you, the injured party. The entire investigation is based on the information received from all of these items.It is standard process for the insurance company to take a recorded statement. If you have refused to give a recorded statement it could affect the adjuster’s decision regarding responsibility. However, you might ask the adjuster if you can give a written statement instead of recorded. Sometimes this will be allowed. However the insurance adjuster does need something that they can refer to as well as it will keep them from putting alledged information from you. It is a protection for you and the adjuster. If you were absolutely in the right, you should not be afraid of giving a statement.

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