I have discovered over the years, through my personal life and my time as a lawyer, that the majority of the public understands little about the all important insurance industry. It is, however, very important for everyone to have an understanding about this industry because it is so prevalent in our society. For instance, I carry six insurance policies each month which cover everything from my house to my employees’ workers compensation benefits, and I am required by law to carry two of them. In many states, such as California, you are required to have insurance in order to ride your motorcycle on the highways.

In any event, to this end, here are seven ideas to staying ahead of your insurance company, or a third party’s insurance company, should you encounter one:

1. INSURANCE COMPANIES ARE NOT YOUR FRIENDS. Whether you’re dealing with another insurance company of a driver who dented your bike, or your own insurance company, they are not always on your side. Keep in mind that insurance companies make money by keeping the purse strings tight, and they will often times not treat you fairly in order to protect their bottom line, even though you may be a loyal customer or not at fault.

2. KNOW YOUR INSURANCE COVERAGE. What your insurance company will or will not cover, in the event of an accident, is defined by your insurance policy. But, this document consists of a number of documents including: the Insurance Policy, Policy Declarations Page, and Policy Exclusions Endorsement(s). These documents are required to be written for a lay person, so when evaluating your coverage, make sure to read all these documents carefully, and ask your insurance company, or better your insurance agent, any ques-tions you may have. Make sure the coverage that you expect to be there is there, should you get into an accident.

3. KNOW YOUR POLICY LIMITS. It is important to know how much money you will be paid, or another driver will be paid, in the event of an accident. For a motorcycle driver, this may mean making sure you get your medical treatment covered or an expensive bike replaced. What your insurance company will pay is found on your Declarations Page. It is important that the policy limits are large enough to cover your injuries, or the injuries your passengers or other drivers. If your policy limits are not large enough to cover someone else’s injuries, should you be held at fault, then you will be responsible for paying the excess amount. Review this Declarations Page, and speak to your insurance agent, if you should wish to make any changes.

4. KNOW YOUR DEDUCTIBLE. This is important because you do not want to find out you have a $5,000.00 deductible after you have had an accident when your bike may not even be worth that. A deductible, is an amount that you are required to pay to your insurance company after a claim is made and before any benefits are paid to you or another driver. It can be between $10.00 to $50,000.00, depending on the policy. Look at your Declarations page for the deductible, and talk to your agent if you want to make changes.

5. IMMEDIATELY REPORT ANY CLAIMS. Should you get into an accident, get sued, or run your bike into a ditch, you are required under all insurance polices to immediately notify the insurance company of the claim. The procedures for doing so can be found in your insurance policy, and almost always, are clearly articulated.

6. SHOP AROUND. There are many insurance companies out there today, and many that specialize in covering bikers. Good insurance agents will tell you if you are getting a good deal, or you can try getting quotes from various companies online or through an insurance brokerage company. The cheapest policies are not always the best policies, however, so make sure you have adequate policy limits, and it is always worth it to pay a little more for underinsured and uninsured motorist coverage, which provides coverage to you if another driver does not have any insurance coverage.

7. KNOW YOUR RIGHTS. You have rights under the law which protect you from unfair dealings by insurance companies. If you feel that you are being mistreated by your insurance company, or that of a third party, I strongly encourage you to consult with your state’s Department of Insurance, or consult with an attorney who has experience dealing with the insurance industry.

SAFE MOTORING!

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Anyone, who has ever watched police shows on TV, knows that smart lawyers tell their clients to refuse to answer police officer’s questions. In real life, virtually all criminal defense attorneys give that same advice. Here are seven reasons why you should refuse to answer any questions from a police officer, if there is even a remote chance you might have committed a crime.

1. Any criminal lawyer will tell you that most people attempting to talk their way out of a police situation wind up confessing to a crime.

2. In my experience eighty percent of criminal defendants, viewing the police report in their case, look at quotes attributed to them and say to me: “I didn’t say that!” This may happen because the police officer misheard them, or wrote the report later and misremembered, or simply wrote down what he thought would most help the prosecution. I guarantee you that if all you say is: “I don’t want to talk without a lawyer”; then that is all the report will say. There will be no statements attributed to you, except that you wanted a lawyer.

3. Police officers really will pretend to be your friend to get you to implicate yourself. They will say things like: “I want to help you, but you’ve got to help me help you.” I assure you they do not want to help you.

They really will play nice guy-tough guy. One will yell and threaten you and another will pretend to try and protect you from the “bad cop.” It’s all in their training, and it really does work. Almost everybody talks, but not you, because from now on, all you will say is: “I want a lawyer.”

4. Saying “I want a lawyer” is one thing that will never hurt you. You have an absolute right to refuse to answer questions under the Fifth Amendment to the United States Constitution, and an absolute right to have a lawyer present when you are questioned, if you ask for one, under the Sixth Amendment to the United States Constitution.

5. There is no way remaining silent or asking for a lawyer can ever hurt you. You can always make a statement later, after you have time to consider the situation, learn the facts and get advice. A refusal to answer questions or a request for an attorney is not only under your rights, but that refusal and that request are absolutely inadmissible against you in court. (Please note one exception to this rule is that a refusal to take a chemical test in a drunk driving case can be admitted into evidence to show consciousness of guilt).

6. Asking for a lawyer should stop the harassment and stress of being questioned. The law requires police officers to cease questioning, once a suspect has asked for a lawyer. This rule is not always honored immediately, but if you are brave and steadfast in repeating your request for a lawyer, the questioning will stop much much sooner.

7. You, even if you are a lawyer, are probably a poor judge of what statements might help you and what statements might hurt you. All of us fail to see the entire picture in sudden movements of high stress. We say things we think will help, but will instead hurt us. Saying, “I only had three drinks” is an admission of drinking. Saying “I didn’t mean to hurt him” means you did hurt him. Saying “That’s Bobby’s gun, not mine. I saw him put it in my trunk” means I knew I was driving a vehicle with a gun in it. It is far better to talk later, when you know all the facts, and have had time to consider the situation.
So what have we learned? SHUT UP!

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