I am currently dealing with a motorcycle crash that happened on I-25 southbound just north of Denver and I’m fired up. The other driver is clearly at fault, but State Farm is using their tricky tactics to try to get my client, the motorcycle crash victim, to change his story or to say something that could be used against him. Lots of insurance companies use these same tactics. Their number one goal is to reduce the amount that they have to pay motorcycle accident victims.
Therefore, I thought I would write an article outlining some of the sneaky things State Farm does after a motorcycle crash to limit how much they pay victims. The topics include the following:
In this article, we cover the following:
- State Farm will call you as soon as possible after a motorcycle crash, but they aren’t doing this to be helpful.
- State Farm insurance adjusters will try to record their calls with you after a motorcycle crash. Don’t let them.
- What to do if State Farm is low-balling their offer to you after a motorcycle crash.
- What are some of State Farm’s most common tactics to trick motorcycle accident victims?
- Why you need a great motorcycle attorney to help you get a good settlement out of State Farm.
If you were hit by a driver with State Farm insurance, you should call a personal injury attorney before you talk with anybody else. Rider Justice and The O’Sullivan Law Firm offer free consultations and we have negotiated with State Farm on behalf of motorcycle crash victims many times. We always get what our clients are owed.
State Farm will call you as soon as possible after a motorcycle crash, but they aren’t doing this to be helpful.
State Farm insurance adjusters will try to contact you, the motorcycle crash victim, quickly after an accident. These adjusters are trained to sound empathetic and compassionate. However, you should not trust them one iota. Instead, you should book a free consultation with a personal injury attorney before speaking with anyone from State Farm.
Here are the reasons why State Farm reaches out promptly after a motorcycle crash, and why legal representation is beneficial:
- Gathering information: State Farm wants to collect information about the accident as soon as possible. Their adjusters may ask for details regarding the incident, injuries you sustained, property damage, and any other relevant information. This helps them in assessing the claim and determining potential liability. That said, you should be very cautious in your conversations with them. These adjusters are professionally trained to act sincere and compassionate as they get you to share your story. Never forget that they are not on your side. They work for State Farm and their number one job is to learn details that they can use against you. It’s always best to have a personal injury attorney present during any conversations with State Farm insurance adjusters.
- Reducing liability and minimizing payouts: State Farm is a profit-driven businesses. Their primary goal is to minimize their financial liability and pay you as little as possible for claims. By contacting victims early, State Farm adjusters aim to gather information that may be used to dispute or devalue your claim. They may try to obtain statements or admissions that can be used against you later in the claims process. Only an experienced personal injury attorney can protect you from State Farm during these wily phone calls.
- Influencing victims’ perception: Early contact from State Farm may be an attempt to shape your perception of the motorcycle crash. They may try to downplay the severity of your injuries, rush you into accepting a quick settlement, or discourage you from seeking legal representation. Their tactics can be aimed at settling the claim for a lower amount than what you may be entitled to under the law. If you’ve been in a crash with a State Farm driver, you absolutely need a personal injury attorney on your side. (At Rider Justice, we believe that motorcyclists are blamed for far more accidents than they actually cause because of stereotypes perpetuated across our justice system. This is another reason motorcycle riders need a personal injury attorney after a crash with a State Farm driver.)
- Taking advantage of victims’ vulnerability: Following a motorcycle accident, you may be in a vulnerable state, physically, emotionally, and financially. State Farm is aware of this and may exploit the situation to their advantage. I have seen State Farm pressure victims into accepting inadequate settlement offers, which may not cover the full extent of their damages, medical expenses, lost wages, or long-term rehabilitation needs. An experienced personal injury attorney can protect you from these tactics. In fact, if you sign up with a personal injury attorney, State Farm is no longer legally allowed to contact you directly.
- Complex legal procedures: Dealing with insurance companies can be complex and overwhelming for individuals who are unfamiliar with the legal process. State Farm has teams of adjusters, claims representatives, and attorneys who are experienced in handling claims and protecting their interests. This is all they do, all day long. You need someone on your side with the same kind of experience. Without legal representation, you are at a disadvantage when negotiating with State Farm.
Here are additional reasons why it is highly beneficial for you to have a personal injury attorney on your side before speaking with State Farm:
- Protection of your rights: An attorney who specializes in personal injury law understands your rights and can protect them throughout the claims process. They can guide you in dealing with State Farm, ensuring that you are treated fairly and that your interests are safeguarded.
- Legal expertise: Attorneys have a thorough understanding of personal injury laws and regulations. They can assess the true value of your claim, taking into account various factors such as medical expenses, lost wages, pain and suffering, and long-term effects. This expertise allows them to negotiate effectively with State Farm and pursue maximum compensation on your behalf.
- Handling communication: By involving a motorcycle attorney, you can delegate all communication with State Farm to them. This can prevent you from inadvertently saying something that could harm your case. Your attorney can handle all discussions, negotiations, and correspondence, ensuring that your best interests are represented.
- Building a strong case: A personal injury attorney can gather evidence, interview witnesses, consult with experts, and build a robust case to support your claim against State Farm. Motorcycle attorneys have the necessary resources and knowledge to investigate the accident thoroughly and establish liability. This strengthens your position when negotiating with State Farm or, if necessary, when pursuing legal action in court.
- Litigation representation: In some cases, State Farm may refuse to offer a fair settlement or deny the claim altogether. In such situations, having a personal injury attorney is invaluable. They can file a lawsuit on your behalf, represent you in court, and advocate for your rights in litigation if it becomes necessary.
It’s important for motorcycle crash victims to seek legal advice and representation to ensure that they receive a fair settlement offer from State Farm. Rider Justice and our team of motorcycle attorneys can help negotiate with State Farm and ensure that your rights and interests are protected.
State Farm insurance adjusters will try to record their calls with you after a motorcycle crash. Don’t let them.
After a motorcycle crash, State Farm adjusters will call you and they may try to record their conversation with you. In my opinion, you should ever consent to a recorded call with State Farm without your own personal injury attorney present. Here are some points to consider:
- Consent: Generally, recording a conversation without the consent of all parties involved may be subject to legal restrictions depending on the jurisdiction. If the State Farm adjuster wants to record the call, they should inform you and seek your explicit consent. You have the right to decline if you are uncomfortable with being recorded. And let me be clear: You should decline. Those people are trained professionals who know how to make you feel like they are on your side. They are going to try to trick you into saying something that damages your case.
- Purpose: The State Farm adjuster may want to record the conversation for various reasons. They might argue that it is for accuracy in documenting your statements or to ensure their records are complete. Recording can also be used for training purposes or to protect the insurance company’s interests in case of disputes or legal proceedings. I don’t care what reason they give you. They will use the transcript of the call against you. Contact Rider Justice to discuss your rights.
- Protection of Your Interests: While State Farm adjusters may claim that recording benefits both parties, it’s essential to remember that their primary role is to represent the State Farm. Anything you say during the recorded conversation could potentially be used against you in the claims process or settlement negotiations. It’s crucial to be cautious and avoid making statements that could harm your case.
As you can tell, it’s generally advisable to consult with a personal injury attorney before participating in a recorded conversation with State Farm. An attorney can provide guidance specific to your situation, help protect your rights, and ensure that your interests are represented during the claims process.
If you are trying to manage your own personal injury case and running into walls put up by State Farm, call Rider Justice today. Our attorneys literally love fighting with insurance companies who try to take advantage of bikers.
What to do if State Farm is low-balling their offer to you after a motorcycle crash?
If you believe that State Farm has given you a lowball offer after a motorcycle crash, you’re not alone. It happens all the time, so trust your gut. Here are some steps you can consider taking if State Farm has offered you a lowball offer.
- Review your policy: Carefully review your insurance policy to understand the coverage and limits relevant to your claim. This will help you understand what you’re entitled to and provide a basis for negotiation. Remember that insurance is a complex industry. Contact a motorcycle attorney for a free consultation if you suspect that you aren’t being offered what you’re owed.
- Gather evidence: Collect all relevant evidence related to the accident and your injuries. This can include photographs of the accident scene, damage to your motorcycle, medical records, bills, and any other documentation that supports your claim. The more evidence you have, the stronger your case will be. A personal injury attorney can help you calculate what you are owed for pain and suffering.
- Get an independent assessment: Obtain an independent assessment of the damage to your motorcycle and an evaluation of your injuries from a trusted professional. This can help provide an objective estimate of the costs involved and counter State Farm’s lowball offer. Remember: You want State Farm to pay for all of your current medical bills and any bills you may incur in the future as a result of the accident.
- Communicate in writing: Maintain a written record of all communication with State Farm. You can send a written response to their offer, outlining your objections and providing evidence to support your claim for a higher settlement. However, I strongly advise that you have a personal injury attorney complete any documentation of your claims.
- Negotiate with the insurance company: Engage in negotiations with the State Farm, emphasizing the evidence and arguments supporting your claim for a higher settlement. Be prepared to provide documentation, counter their arguments, and highlight any applicable laws or regulations that support your position. Since so much money is typically on the line after a motorcycle crash, I urgently advise you to ask for an attorney’s help in negotiations with State Farm.
- File a complaint: If negotiations fail to yield a satisfactory outcome, you can consider filing a complaint against State Farm with the appropriate regulatory authority in your jurisdiction. This step may prompt State Farm to reassess their offer and engage in further negotiations.
Remember, every case is unique, and it’s essential to consult with a motorcycle attorney who can provide tailored advice based on your specific situation.
What are some of State Farm’s most common tactics to trick motorcycle victims?
State Farm uses some underhanded strategies when dealing with motorcycle crash claims. In fact, State Farm actually rewards adjusters who are able to reduce the amount the company owes to victims, and they don’t care a whole lot about how these adjusters achieve their results. Here are a few examples:
- Delays and pressure: State Farm adjusters may purposely delay the claims process, hoping that the motorcycle crash victim becomes frustrated or financially strained and therefore more likely to accept a lower settlement offer. For example, imagine you were in a terrible motorcycle crash and your medical bills are piling up. When State Farm finally offers you a check, it can feel like a relief, even if you know you’re owed more. An experience personal injury attorney can help you find ways to survive financially until you are given a proper settlement from State Farm.
- Recorded statements: State Farm adjusters often request recorded statements from motorcycle accident victims, hoping to catch any inconsistencies or statements that can be used to undermine their claim. They may try to lead you into saying something that could be used against you. As mentioned above, do not allow State Farm to record their conversations with you without an attorney present.
- Downplaying injuries: State Farm adjusters are trained to lead motorcycle victims into conversations that may end up downplaying the severity of their injuries, suggesting they are not as serious as claimed. State Farm may also use tactics like referring to pre-existing conditions or questioning the necessity of medical treatment. Only an experience personal injury attorney can recognize these tactics and protect your rights.
- Comparative negligence: State Farm adjusters may try to shift blame onto the motorcycle crash victim, arguing that they were partially responsible for the accident. By doing so, they can reduce the amount they have to pay for damages.
- Quick settlement offers: State Farm adjusters may make early settlement offers that are significantly lower than the actual value of the motorcycle crash victim’s claim. This tactic aims to tempt victims into accepting a quick payout, often before they fully understand the extent of their injuries or damages. A personal injury attorney can assess whether a settlement offer is acceptable or not.
- Surveillance: Believe it or not, in some cases, State Farm adjusters may hire private investigators to conduct surveillance on motorcycle crash victims! They hope to find evidence that contradicts the victim’s reported injuries or activities, which can be used to dispute their claim.
It’s important to remember that not all insurance adjusters engage in these tactics. If you’re involved in a motorcycle crash and you are dealing with a State Farm insurance adjuster, you should absolutely consult with an attorney who specializes in personal injury law to protect your rights and ensure fair treatment throughout the claims process.
Why you need a great motorcycle attorney to help you get a good settlement out of State Farm
Getting an experienced personal injury attorney after a motorcycle crash with a State Farm driver is important for several reasons:
- Legal Expertise: Personal injury laws can be complex and vary from state to state. An experienced attorney specializing in personal injury can navigate these laws and provide you with expert guidance in your claim against State Farm. They understand the nuances of motorcycle accident cases, including liability issues and relevant insurance laws.
- Assessment of Damages: A skilled attorney can assess the full extent of your damages. They can help determine the value of your medical expenses, property damage, lost wages, pain and suffering, and any future costs related to your injuries. Their expertise ensures you don’t accept an offer from State Farm for less than you deserve.
- Investigation and Evidence Gathering: Following a motorcycle crash, gathering evidence is crucial for building a strong case against State Farm. An experienced attorney has the resources and knowledge to conduct a thorough investigation. They can collect accident reports, interview witnesses, obtain surveillance footage, analyze medical records, and consult with experts to establish liability and strengthen your claim.
- Negotiating: State Farm is a for-profit company and it will try to minimize payouts to maximize their profits. Having a skilled attorney on your side means you have someone who can negotiate with insurance adjusters on your behalf. Motorcycle accident attorneys understand the tactics used by State Farm and can advocate for your rights, helping you obtain a fair settlement.
- Trial Representation: In some cases, if a fair settlement cannot be reached, a lawsuit may be necessary. An experienced personal injury attorney can provide representation and litigate your case in court. They will present compelling arguments, cross-examine witnesses, and utilize their legal expertise to advocate for your best interests.
- Reduced Stress: Dealing with the aftermath of a motorcycle crash can be physically, emotionally, and financially overwhelming. By hiring an experienced motorcycle attorney, you can alleviate the burden of legal matters. Your motorcycle attorney will handle the legal complexities, paperwork, and negotiations, allowing you to focus on your recovery and well-being.
Rider Justice has seen every trick in State Farm’s playbook and we know how to protect victims of motorcycle crashes from State Farm’s underhanded tactics. Contact Rider Justice and Scott O’Sullivan for a free consultation if you are hit by a driver with State Farm insurance.