In Case of an Accident
MotorcycleLawyer.com and the Law Tigers are a national network of motorcycle injury lawyers dedicated to the safety, awareness, and education of the riding community. Our mission is to support and promote the well being of all motorcyclists. We have created this Tip Guide for you so that in th event of an accident, you will know what to do and say. Read it through and print a copy to keep with you because — the MotorcycleLawyer.com and Law Tigers association of motorcycle attorneys is always there for you.
Identify Drivers and Witnesses
Obtain the other driver(s) name, address and phone number. Write down the license plate and registration numbers of the vehicle(s) involved in the accident. Ask the driver(s) to show you their license, give you their phone numbers, insurance company name and policy numbers. It’s also very important to obtain the names, phone numbers and addresses of all eyewitnesses. Try to get a written statement from witnesses as to what happened.
Comments and Statements
Do not discuss the accident with anyone except the investigating police officer and then — only the basic facts. People upset by an accident may sometimes mistakenly admit fault. Never admit liability. If you are at fault, an investigation will provide that information later. If you are not at fault, but you’ve made an unwise statement, it may be misconstrued and brought up against you later. If it’s a serious accident involving injury, you will want to make statements only to your lawyer.
Take Notes and Pictures of the Accident
Make your own written notes on all significant circumstances concerning the accident. Even crudely-drawn sketches can be very helpful. If you or someone else has a camera at the scene, take pictures to preserve skid marks, vehicle position(s), and other physical evidence that will likely disappear over time.
Dealing with the Police
An arrest at the scene does not necessarily indicate civil liability, so do not resist. An arrest in connection with an accident cannot ordinarily be used later in a suit for damages. Any statement may be used as an admission, so it’s very important to make no statement until you have secured representation from a qualified motorcycle attorney.
When To Leave the Accident Scene
Unless your injuries require otherwise, do not leave the scene of an accident until you have assisted the injured, protected the scene, obtained and recorded the information listed above, called police and assisted them as needed. Remember that even serious injuries are not always evident at the time of the collision. See your doctor immediately and advise any of your passengers to do the same.
Insurance Reports and Notifications
You should immediately notify your insurance representative and then document this notification. Failure to notify your insurance company may constitute grounds for them to deny coverage for your accident. Do not give a statement without consulting your lawyer first.
Claims Made Against You
Refer all claims made against you to your insurance company. Do not pay or promise to pay any claimant. Immediately forward all papers on to your insurance company.
Claims Made By You
Your insurance policy may also include provisions for payments to you and your passengers for medical expenses, regardless of who is at fault. If you suffer personal injuries and damage from another’s negligence, you have legal rights to recover fair and reasonable settlement. Protect your legal rights and seek competent legal advice.
