There is hardly a day that goes by that I don't receive a telephone call from a biker who has been in an accident and who has already done something to hurt or even destroy his case. Nobody likes to think about being in an accident but accidents do happen and I have dedicated this column to providing you with information that you should have, in order to protect your rights

Don't talk too much and stay calm  Hard to do, I admit. But being excited or angry won't help you.  Be polite to the police officers and response team.  Be careful what you say and don't pretend to know the law. Blurting out statements such as "I had the right of way" or "I never saw him" or giving indications of your speed or time (how long he was in sight) or distances (how far away he was when you first saw him) can destroy your case. The facts surrounding every accident are different and you will not solve the issues at the scene.

Be careful who you talk to. There is a big difference between discussing the facts of the accident and discussing your injuries.  Do not talk about the facts of the accident to anyone including the Police, EMT and ER personnel, medical providers, insurance representatives, including your own insurance company, the other parties or witnesses. They will record what you tell them and you may make damaging admissions. Insurance companies look carefully in these records for your damaging statements. Under no circumstance should you give a written, oral or telephone statement to anyone. You are not under any obligation to give a statement to anyone including the police. If asked for a statement, just say you would prefer not to give statements or information until you speak with a Lawyer.

One very important exception to talking about the facts. If an accident is ever caused fully or partially by an unidentified vehicle which leaves the scene, (such as a hit-run or a vehicle that comes across the highway causing you to swerve into another car or pole), be sure everyone you talk to (Police, EMT and ER personnel, doctors, the other parties, witnesses, etc.)  is aware of the fact that another vehicle was involved, and be certain that  they record that information in their reports, medical histories or notes. You must immediately report that another vehicle was involved to the police (even if the police do not come to the scene) and to your insurance company in order to preserve your potential uninsured motorist claim.

Talking about your injuries is different than talking about the facts. You can and should talk to the police, EMT and ER personnel, your doctors and insurance representatives about injuries.  Tell them about everything that is bothering you, even if you do not think it is related to your accident. Too often, insurance companies will claim an injury is not related to your accident because you didn't complain about it from the beginning. Many times some injuries don't show up right away. If something starts to bother you later, be sure to tell the doctor.

While at the scene: get information about the other driver(s)-  name, address, phone, operators license number, tag number and especially  insurance information,  obtain names of witnesses and if you have a camera, take photos of the scene and vehicles. Politely insist that the police give you information on the other driver(s) and their insurance information DO NOT let them tell you it's all on the police report. Tell them you need information on the other parties, insurance information and witness names now. It can sometimes take days or weeks to obtain the police reports.

Carry identification and emergency contact information.  Call or contact me through my website and I will send you a wallet card containing some of this information and a place to record your emergency contacts.

Do Not try to handle your case yourself.  Insurance representatives are not on your side and you are not in a position to compete with them. 

I hope you have found this information to be helpful. if  you have any questions concerning this topic or any other matter, I will always be happy to hear from you at 1-877-CYCLE-LAW or by

e-mail to ArtLobel@TheBikersLawyer.com