The insurance adjuster wants a recorded telephone statement, I don't think this is such a good idea. But he made it sound that if we did not let him do this that we will have lost any claim. What do you think? And I must say the police report sounded bias in favor of the person who was driving a full size truck when it hit a bicyclist, even though the truck hit the bicyclist causing him to be knocked off of bicycle and then run over with the front and back tires of the truck.
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Recorded Statement
- Thread starter meddjay
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
B
bowler87
Guest
When you do the recorded statement write down the questions/answers. Be seated at comfortable spot--with pad and pen.
AND four minutes into the process be sure to say: "Oh yeah, my attorney would like a copy of the transcipt of this statement. Would you send me a copy?"
By the reaction of the adjuster, you can learn a lot...
Good luck.
I am not an attorney--but I enjoy dealing with adjusters!
AND four minutes into the process be sure to say: "Oh yeah, my attorney would like a copy of the transcipt of this statement. Would you send me a copy?"
By the reaction of the adjuster, you can learn a lot...
Good luck.
I am not an attorney--but I enjoy dealing with adjusters!
Enjoy dealing with insurance companies?
Enjoy dealing with insurance companies....eeekkkk!!!???? And in your spare time you like walking on hot coals and cutting a hole in the ice, taking your clothes off and jumping in the water in about January? Now if you lived in Arizona like I do...I would say the heat must of gotten to your brain or something! Or maybe...just maybe.....you like to wear a cap and fly over the city? I mean, who in their right mind other than hippy pinko freaks and Ralph Nader would get their jollies out of making the insurance company squirm? Heh heh...I like your style Captain Insurance!
But now answer me this.....(and you thought I was just being cute) should I give them this "recorded statement" early on or should I hold out a bit? Oh yea, and any other bits of wisdom would be greatly appreciated and accepted by your GIRL CLAIM in training! I already got the hose for the job....
Enjoy dealing with insurance companies....eeekkkk!!!???? And in your spare time you like walking on hot coals and cutting a hole in the ice, taking your clothes off and jumping in the water in about January? Now if you lived in Arizona like I do...I would say the heat must of gotten to your brain or something! Or maybe...just maybe.....you like to wear a cap and fly over the city? I mean, who in their right mind other than hippy pinko freaks and Ralph Nader would get their jollies out of making the insurance company squirm? Heh heh...I like your style Captain Insurance!
But now answer me this.....(and you thought I was just being cute) should I give them this "recorded statement" early on or should I hold out a bit? Oh yea, and any other bits of wisdom would be greatly appreciated and accepted by your GIRL CLAIM in training! I already got the hose for the job....
B
bowler87
Guest
The recorded statement is the first thing in the claim.
The truck driver gave one,too, no doubt.
With the two statements, the company can sort out who was doing what and when they did it.
They can not even decide on the claim until they get both sides of the story. Do you want them to make a decision based on the police report and the truck driver's statement?
After they have an idea of what happened they will tell you:
accident was entirely your fault and we are not accepting liability
or
accident was truck driver's fault and we are accepting liability
or
you were at fault and driver was at fault, we accept 50% liability
at that time the rasslin' match begins.
you have your witnesses tell what happened, if you think the insurance company lacks a proper understanding of the physics of the claim.
gather your medical bills and repair bills for the bike
notify your auto insurance company--have you med-pay under your auto policy?
[YES---your auto policy med-pay will pay, even if you were not in your car at the time-----if a motor vehicle hit you, then the policy kicks in]
have you group health insurance?
As you see, many more problems greater than the recorded statement are on your horizon!
Give them an objective telling of what happened--clear and concise---draw a diagram---give directions "Tuesday afternoon I was going North on Blem Avenue, and turned East onto 56th Avenue and moved from right side to middle of road in the first 50 feet after making the turn. Then the next thing I knew the truck hit me from behind."
Your turn...
The truck driver gave one,too, no doubt.
With the two statements, the company can sort out who was doing what and when they did it.
They can not even decide on the claim until they get both sides of the story. Do you want them to make a decision based on the police report and the truck driver's statement?
After they have an idea of what happened they will tell you:
accident was entirely your fault and we are not accepting liability
or
accident was truck driver's fault and we are accepting liability
or
you were at fault and driver was at fault, we accept 50% liability
at that time the rasslin' match begins.
you have your witnesses tell what happened, if you think the insurance company lacks a proper understanding of the physics of the claim.
gather your medical bills and repair bills for the bike
notify your auto insurance company--have you med-pay under your auto policy?
[YES---your auto policy med-pay will pay, even if you were not in your car at the time-----if a motor vehicle hit you, then the policy kicks in]
have you group health insurance?
As you see, many more problems greater than the recorded statement are on your horizon!
Give them an objective telling of what happened--clear and concise---draw a diagram---give directions "Tuesday afternoon I was going North on Blem Avenue, and turned East onto 56th Avenue and moved from right side to middle of road in the first 50 feet after making the turn. Then the next thing I knew the truck hit me from behind."
Your turn...
Bowler, on one board you say how the bicyclist was at fault in your particular accident and how you partnered with this other driver to keep the bicyclist from getting any claim amount.
But on the other board you are telling me (or in this case my friend) how to deal with insurance company and what the process is, what to tell them and what to expect, and that you "enjoy" dealing with an adjuster? I guess you have been on both sides of the "perverbial" fence and can give insight from both perspectives which is a good thing...but kind of confusing. Are you a politician by chance?
Tammy...thanks no we have nothing to hide...we will give statement today first thing...I was just wondering is all. Thanks everybody for the advice...keep it coming, I am learning alot!
But on the other board you are telling me (or in this case my friend) how to deal with insurance company and what the process is, what to tell them and what to expect, and that you "enjoy" dealing with an adjuster? I guess you have been on both sides of the "perverbial" fence and can give insight from both perspectives which is a good thing...but kind of confusing. Are you a politician by chance?
Tammy...thanks no we have nothing to hide...we will give statement today first thing...I was just wondering is all. Thanks everybody for the advice...keep it coming, I am learning alot!
B
bowler87
Guest
Time for a philosophy lesson.
We have laws in order to resolve disputes. The laws must be clear, and certain. Without laws, we would have revenge seeking behavior and family feuds for 40 years.
To answer your question about the recorded statement.
"GIVE THE RECORDED STATEMENT"
It is to your benefit to give your side of the story.
The claims process will then proceed to the next steps.
I am interested in seeing fair and proper treatment in insurance matters.
I want all the circumstances stated.
I want proper application of the law.
I want proper application of the insurance contract.
California is the only jurisdiction where folks say "He had insurance, so he must be at fault" without first investigating.
Until I hear both sides, I do not know if any fault will be assigned to the truck driver[for failure to look left or failure to stop after first thump].
Take the insurance company out of it for a minute.
What would a judge say if you sued the driver for failing to look left before he turned onto a busy boulevard?
I have long hair and a few tatoos--but when I argue a case a long sleeve shirt and a trim pony tail are present.
The adjuster may throw a few bucks your way if ANY portion of the liability can be assigned to the truck.
In the meantime, file a claim on bike rider's auto insurance for medical expense AND for damage to the truck---
We have laws in order to resolve disputes. The laws must be clear, and certain. Without laws, we would have revenge seeking behavior and family feuds for 40 years.
To answer your question about the recorded statement.
"GIVE THE RECORDED STATEMENT"
It is to your benefit to give your side of the story.
The claims process will then proceed to the next steps.
I am interested in seeing fair and proper treatment in insurance matters.
I want all the circumstances stated.
I want proper application of the law.
I want proper application of the insurance contract.
California is the only jurisdiction where folks say "He had insurance, so he must be at fault" without first investigating.
Until I hear both sides, I do not know if any fault will be assigned to the truck driver[for failure to look left or failure to stop after first thump].
Take the insurance company out of it for a minute.
What would a judge say if you sued the driver for failing to look left before he turned onto a busy boulevard?
I have long hair and a few tatoos--but when I argue a case a long sleeve shirt and a trim pony tail are present.
The adjuster may throw a few bucks your way if ANY portion of the liability can be assigned to the truck.
In the meantime, file a claim on bike rider's auto insurance for medical expense AND for damage to the truck---
B
bowler87
Guest
" Are you a politician by chance? "
Nope. I tried to run for office, but they would not let me. Something in the paperwork. My parents were married...
Nope. I tried to run for office, but they would not let me. Something in the paperwork. My parents were married...
Although I just scanned the material, what seems to be missing from all of this is any clue as to WHICH insurance company's adjuster wants the recorded statement, the nature and extent of the injuries you suffered, and the amount of proerty damage involved.
If there are serious injuries, particularly with any residual effects (scar, long lasting pain, loss of use, etc.) or there was a clearly demonstrable and not incidental set of costs involved -- medical bills, loss of wages, etc. -- do NOT talk to any adjuster, but instead talk to a lawyer who will represent YOUR interests (and of course, his or her own, but to a lesser extent). Believe it or not, if a personal injury case is NOT likely going to produce a big enough payoff for the lawyer, the lawyer will not want to take it, and almost all the lawyers on AttorneyPages give Free Initial Consultations.
If there was only a minor injury - like a bruise that will go away with no residual damage -- or only property damage, by all means speak to the adjuster from your insurance company, but be cautious about speaking to the other driver's company (or their "independent adjuster") as anything you say can and will be used against you -- their adjuster is NOT your friend or advocate but someone paid to hold down their potential claim costs.
Here my guess is that if a truck ran over you you had real serious injuries, with some lasting effect, plus pain and suffering. Except in "no fault" states one issue is whether you were the one at fault. While it might eventually take a jury to answer that, any personal injury lawyer you go to can help you preliminarily and objectively assess that, at no cost to you.
The other side knows that if you hire a lawyer -- even on a case with little likely recovery -- it can start to cost them big time in terms of their own lawyer's fees and expenses to defend. They want you not to get a lawyer. If you simpy state that if they can not make an offer based on what their driver and the witnesses have told them it will be time for you to get a lawyer to represent you, they will suddenly get religion and become responsive. assessment of the otheryou would be
If there are serious injuries, particularly with any residual effects (scar, long lasting pain, loss of use, etc.) or there was a clearly demonstrable and not incidental set of costs involved -- medical bills, loss of wages, etc. -- do NOT talk to any adjuster, but instead talk to a lawyer who will represent YOUR interests (and of course, his or her own, but to a lesser extent). Believe it or not, if a personal injury case is NOT likely going to produce a big enough payoff for the lawyer, the lawyer will not want to take it, and almost all the lawyers on AttorneyPages give Free Initial Consultations.
If there was only a minor injury - like a bruise that will go away with no residual damage -- or only property damage, by all means speak to the adjuster from your insurance company, but be cautious about speaking to the other driver's company (or their "independent adjuster") as anything you say can and will be used against you -- their adjuster is NOT your friend or advocate but someone paid to hold down their potential claim costs.
Here my guess is that if a truck ran over you you had real serious injuries, with some lasting effect, plus pain and suffering. Except in "no fault" states one issue is whether you were the one at fault. While it might eventually take a jury to answer that, any personal injury lawyer you go to can help you preliminarily and objectively assess that, at no cost to you.
The other side knows that if you hire a lawyer -- even on a case with little likely recovery -- it can start to cost them big time in terms of their own lawyer's fees and expenses to defend. They want you not to get a lawyer. If you simpy state that if they can not make an offer based on what their driver and the witnesses have told them it will be time for you to get a lawyer to represent you, they will suddenly get religion and become responsive. assessment of the otheryou would be
To the lawyer...
In response to your question as to which insurance company we are talking about...it would be the drivers insurance company. Not my friends who is the bicyclist. Since my friend only rides a bike, he obviously doesn't have motor vehicle insurance. And as far as medical insurance goes, he does have a limited amount, but not much.
His injuries at this time cannot be really determined. He still needs to go back to a doctor to have them evaluated. This gets even more complicated because the leg that was run over has a club foot and a tendon disorder (shorter tendons), and being run over on this leg will compound that. To what extent we are not sure right now. The bone, muscles, and tendon's are bruised and his leg is cut pretty bad. Luckily nothing was broken (at least that is what the emergency room said), but his blood pressure dropped dangerously low and he was treated for shock and 8 hours later he was released.
We have contacted one lawyer who said his case load was too heavy to take this case. (And I am wondering if that is because he thinks my friend Bryan, is at fault from riding on the wrong side of the road) So that is where I came in. After Bryan told me about what had happened and what the lawyer said, I started doing some research and decided we could handle it ourselves. But I am beginning to wonder after the responses I have seen on this board. I thought that even though Bryan is subject to the same laws as motor vehicles, I still thought that because he WAS on the bicycle and because the driver hit him leaving the parking lot when Bryan was riding on the sidewalk basically just trying to get to work (whether or not he was riding on the wrong side of this street or not) that the driver would as least me 75% responsible for hitting my friend. But like I said since the police report cited no one, and sounded kind of bias against my friend and for the driver....I don't know anymore.....just trying to learn and get information....but thank you for your reponse...and like I said to everyone...thank you for all the information anything will be appreciated!
In response to your question as to which insurance company we are talking about...it would be the drivers insurance company. Not my friends who is the bicyclist. Since my friend only rides a bike, he obviously doesn't have motor vehicle insurance. And as far as medical insurance goes, he does have a limited amount, but not much.
His injuries at this time cannot be really determined. He still needs to go back to a doctor to have them evaluated. This gets even more complicated because the leg that was run over has a club foot and a tendon disorder (shorter tendons), and being run over on this leg will compound that. To what extent we are not sure right now. The bone, muscles, and tendon's are bruised and his leg is cut pretty bad. Luckily nothing was broken (at least that is what the emergency room said), but his blood pressure dropped dangerously low and he was treated for shock and 8 hours later he was released.
We have contacted one lawyer who said his case load was too heavy to take this case. (And I am wondering if that is because he thinks my friend Bryan, is at fault from riding on the wrong side of the road) So that is where I came in. After Bryan told me about what had happened and what the lawyer said, I started doing some research and decided we could handle it ourselves. But I am beginning to wonder after the responses I have seen on this board. I thought that even though Bryan is subject to the same laws as motor vehicles, I still thought that because he WAS on the bicycle and because the driver hit him leaving the parking lot when Bryan was riding on the sidewalk basically just trying to get to work (whether or not he was riding on the wrong side of this street or not) that the driver would as least me 75% responsible for hitting my friend. But like I said since the police report cited no one, and sounded kind of bias against my friend and for the driver....I don't know anymore.....just trying to learn and get information....but thank you for your reponse...and like I said to everyone...thank you for all the information anything will be appreciated!
Speak to a few other lawyers who do auto accident and personal injury cases.
There are a bunch of legal issues, including your friend's fault and the role of "last clear chance" of the driver avoid the accident, and a bunch of factual issues, including the extent of permanent injury, if any. On that score, the fact that the accident may have aggravated your friend's pre-existing condition does not mean a negligent driver would be off the hook -- tor feasors take their victims as they find them....
There are a bunch of legal issues, including your friend's fault and the role of "last clear chance" of the driver avoid the accident, and a bunch of factual issues, including the extent of permanent injury, if any. On that score, the fact that the accident may have aggravated your friend's pre-existing condition does not mean a negligent driver would be off the hook -- tor feasors take their victims as they find them....
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