Phone rings. Unknown number. “This is Jennifer from [Insurance Company]. I need a quick statement about your accident.” You want the claim moving. You start talking. Stop.
That call isn’t about helping you. It’s about locking you into a recorded statement before you know the extent of your injuries, before you understand Georgia’s comparative fault law, and before you’ve spoken to an attorney. What you say in that five-minute call can reduce your settlement by tens of thousands of dollars – or kill it entirely.
Two Types of Calls: Which Insurer Is This?
Not all insurance calls are the same. Your obligations depend entirely on whose adjuster is calling.
Your own insurance company – the one you pay premiums to – has a contractual relationship with you. Your policy requires cooperation. You must speak with them.
The at-fault driver’s insurance company – the one representing the person who hit you – is your adversary. They want to pay you as little as possible. You have zero obligation to speak with them.
Before you say anything beyond “hello,” determine which insurer is calling:
“Which insurance company are you calling from?”
“Are you representing me or the other driver?”
If they’re vague or evasive, hang up. Call your own insurer directly using the number on your insurance card to verify.
What Your Own Insurer Can Actually Require
Georgia insurance policies include a cooperation clause. This means you must:
- Report the crash promptly. “Promptly” typically means within 24-72 hours under most Georgia policies, though specific deadlines vary by insurer. Check your policy’s specific deadline.
- Provide basic facts. Date, time, location, description of what happened, other driver’s information.
- Disclose known injuries. You must tell them you were injured. You don’t need to diagnose yourself: “I have pain in my shoulder and back. I’m still being evaluated.”
- Report property damage. Describe damage to your motorcycle. If it’s totaled, tell them.
- Ask about coverage. Most Georgia policies include medical payments coverage (MedPay). This pays your medical bills regardless of fault. Common coverage limits in Georgia range from $1,000 to $25,000, with typical policies offering $1,000-$5,000. Ask if you have it and how to file a claim.
What you do NOT owe your own insurer:
Fault percentage acceptance. If they suggest you’re partially at fault, you can disagree. “I don’t believe I contributed to this crash” is a complete response.
Recorded statement (in most cases). Some policies require it, most don’t. Ask: “Does my policy require a recorded statement?” If they say yes, ask them to point you to the specific policy provision. If they can’t, you’re not required to give one.
Immediate settlement. They may offer to settle your property damage claim quickly. There’s no requirement to accept their first offer, even from your own insurer.
The At-Fault Insurer Script: Exact Words
The at-fault driver’s insurer will contact you. They’re trained to sound helpful, sympathetic, and urgent. They’re none of those things. They represent the person who injured you, and their job is to minimize what they pay you.
When they call, use this script:
“I’m recovering from my injuries and need to consult with an attorney before providing any statement. Please send all communication in writing to [your address]. My attorney will contact you when I’m ready.”
If they push back – and they will – repeat it. Verbatim. Don’t elaborate, don’t explain, don’t answer “just one quick question.”
Common pressure tactics and your response:
“I can’t process your claim without a statement.”
This is false. Georgia law requires no statement from you to the at-fault insurer. Repeat your script.
“A statement will help you get paid faster.”
Faster isn’t better when it means accepting 20% of what you’re owed. Repeat your script.
“I just need to verify a few basic facts.”
Nothing is basic when it’s recorded. Repeat your script.
“We’ve already sent you a settlement offer. Don’t you want to discuss it?”
Any offer made before you know your full injury extent is almost certainly too low. Repeat your script.
“I’m actually on your side here.”
No. They’re paid by the person who hit you. Repeat your script.
Do not:
- Discuss fault (“he turned in front of me”)
- Describe injuries (“my shoulder really hurts”)
- Accept any offer
- Sign anything
- Give a recorded statement
- Answer “just one question”
Document every call: adjuster’s name, insurance company, date/time, what they asked. This creates a record if they later misrepresent what you said.
Why Recorded Statements Are Designed to Fail
Insurance adjusters aren’t recording your statement for accuracy. They’re recording it to find inconsistencies, admissions, and anything that reduces what they owe you.
Georgia’s modified comparative fault rule bars recovery if you’re 50% or more at fault. Reduces it proportionally if you’re 1-49% at fault. The recorded statement is the adjuster’s best tool for manufacturing comparative fault.
The timing trap:
They call 24-72 hours post-crash. You don’t yet know:
- The full extent of your injuries (some worsen over days/weeks)
- What treatment you’ll need
- How long recovery takes
- What your motorcycle damage actually costs to repair
- What your claim is worth
They know all of this. They have decades of data on injury costs, typical settlements, and how much pressure it takes to get injured riders to accept lowball offers.
The injury description trap:
“How are you feeling?”
If you say “I’m okay,” they’ll use it to argue your injuries are minor.
If you list every ache, they’ll later point to injuries you didn’t mention as “new” or “exaggerated.”
The safe answer isn’t on the call. It’s silence.
The fault admission trap:
“What were you doing right before impact?”
“I was checking my mirror” becomes an inattention admission.
“I was accelerating” becomes an aggressive riding admission.
“I was in the left lane” becomes a positioning admission if the other driver argues you should have been elsewhere.
Every detail you provide gives them material to argue comparative fault.
The credibility attack trap:
They’ll ask the same questions multiple times, in different ways, across multiple calls. If your answers vary even slightly, they’ll argue you’re inconsistent – therefore unreliable, therefore your entire claim is suspect.
This is why attorneys advise giving zero statements. There’s no upside. Anything you say can hurt you. Nothing you say can help you. The adjuster has already decided their position based on the police report and their internal case evaluation. Your statement only gives them ammunition to reduce it.
Early Settlement Offers: Red Flags
At-fault insurers often make offers before you’ve consulted an attorney. These offers are almost always far below fair value.
Red flags:
Offer arrives within 7 days of the crash. You likely haven’t finished initial medical evaluation. You definitely don’t know long-term injury impact.
Offer is “take it or leave it.” Real settlements are negotiable. Artificial urgency is a tactic.
Offer requires you to sign a release immediately. Once you sign a release, you cannot reopen the claim – even if you later discover serious injuries the insurer knew about but you didn’t.
Offer includes medical bills only. Georgia law allows recovery for pain and suffering, lost wages, future medical costs, and property damage. An offer that covers only current medical bills ignores 70-80% of typical claim value.
Adjuster emphasizes “this avoids the hassle of attorneys.” Translation: This avoids you learning what your claim is actually worth.
According to practitioner reports, unrepresented motorcycle crash victims in Georgia settle for 30-50% of what represented victims recover. Insurers know this. That’s why they want to settle before you hire an attorney.
What If You Already Gave a Statement?
You gave a statement. The adjuster sounded nice. You wanted to be helpful. You explained what happened.
Damage is done but containable.
Call a motorcycle crash attorney today. Firms like Gautreaux Law, a Macon motorcycle accident attorney on Mulberry Street, handle insurer negotiations from first contact so you never speak with an adjuster unprotected again. Bring:
- Recording of the statement if you have it (they should have sent you a copy)
- Notes on what you remember saying
- Notes on what the adjuster asked
- Any written communication from the insurer
An experienced attorney can:
Identify what admissions you made and whether they actually create comparative fault problems or whether they’re defensible in context.
Request the full recording if the insurer is using partial quotes to misrepresent what you said.
Contextualize inconsistencies between your statement and other evidence. Everyone’s memory is imperfect 48 hours post-crash. That’s not dishonesty, it’s neurology.
Limit further damage by taking over all communication. You won’t be speaking with adjusters again.
Some statements are devastating: clear fault admissions, contradictions of objective evidence (you said you were going the speed limit but your GPS shows 15 over), descriptions that undermine injury claims (you said you felt fine, then claimed serious injuries days later).
Most statements are simply… unnecessary. They gave the insurer information you didn’t need to give. Your attorney works with what remains.
The worst thing you can do after giving one statement is give another. Every additional conversation creates more potential for damaging inconsistencies. Stop talking to adjusters now.
Next Unknown Call
Don’t answer. Let it go to voicemail. If it’s your insurer, call them back directly. If it’s the at-fault insurer, don’t return the call.
Already answered and realized mid-call it’s the at-fault insurer? Use the script:
“I need to consult with an attorney before continuing this conversation. Please send all future communication in writing to [your address].”
Hang up.
Already gave a statement? Call an attorney today. Don’t give a second statement, don’t clarify anything, don’t “fix” what you said wrong. Additional statements make it worse, not better.
The insurance company will keep calling. Let them. They can wait. Your recovery can’t.
Disclaimer: This article provides general information about Georgia motorcycle accident law and is not legal advice. Every case is different. Consult a qualified Georgia motorcycle accident attorney to discuss your specific situation. Nothing in this article creates an attorney-client relationship.