Motorcycle riders are the most exposed road users. Their motorcycles offer very little protection and are more likely to suffer severe injuries in an accident. Also, other road users rarely give way to these riders, exposing them to road crushes risks.
When you get into a motorcycle accident because of someone else’s fault, you have the right to file a personal injury claim and get compensated.
Unfortunately, many motorcycle riders have never filed a claim before and might not know how the process works. If you don’t file your claim within the stated time period, you might not get your compensation.
This article discusses the length of time that motorcycle accident lawsuits take, and the process involved.
The Statute of Limitation on Motorcycle Accidents
If you’re not at fault in a motorcycle accident, you have to file a claim with the at-fault party’s insurance company. The auto insurance of the driver at fault should pay for your injuries and losses.
There’s a specific timeline for filing a motorcycle accident claim that you must stick to if you want to get your settlement.
Typically, the statute of limitation for motorcycle accidents is usually six months to one year from the time of the accident.
If you stick to this timeline, your case may be resolved within a short time. If you take longer to file a claim, it might take a long time for the process to end.
Working with a lawyer helps speed up the process and increases your chances of getting fair compensation.
Motorcycle Accident Lawsuit Process
There are processes involved in filing a motorcycle accident lawsuit. How well you follow these processes will determine whether the lawsuit takes longer or resolves faster. Here’s how a motorcycle accident claim process works:
Gathering Evidence
You need clear evidence to prove that the other driver was at fault. You also need to show proof of your injuries and damage caused by the accident. The strength of your evidence will determine how well you can negotiate for a settlement.
The evidence you need to support your claim includes the following:
- Pictures of the accident scene
- Copies of the police report
- Medical bills
- Motorcycle repair bills receipt
- Eyewitnesses or surveillance footage
Without evidence, it may be difficult for you to negotiate with the insurance company. Insurance companies tend to show a clear bias toward motorcycle riders and may even force them to accept liability.
However, if you have strong evidence, you’ll have bargaining power, and the insurance company will have a hard time shortchanging you.
Contact Your Attorney
Even with strong evidence, insurance companies will try to convince you to take as little compensation as they can offer.
And since you don’t know your rights and have never negotiated with the insurance company before, you might take very minimal compensation.
A personal injury lawyer has experience negotiating with insurance companies and will always have your best interest at heart.
A lawyer will help file a claim on your behalf so that you only have to worry about your recovery and getting back to your daily routine.
File Your Claim
To file a claim for your motorcycle accident, you first need to prove that the other driver was negligent. Secondly, you must show that this negligence caused the accident and led to your damages and injuries.
Most of the time, the at-fault party might be the other driver. Other times, the party to blame for the accident might be a government entity or a company.
Either way, the insurance company for the party at fault will be tasked with compensating you.
Negotiate Your Settlement
Insurance companies take longer to respond to your claim and may devise various tactics to deny you compensation. This is the stage where you must be ready to negotiate and fight for your rights.
Remember, if you have the evidence, you’ll have strong negotiating power, and no one should intimidate you into accepting a small settlement amount.
If the insurance company shows signs of dragging the case, offering a low settlement, or denying your claim, you need to bring in your lawyer. A lawyer with professional experience will negotiate better to ensure you receive the fairest settlement.
The whole negotiation process may take several weeks. Depending on how things go, it may take between 30 days to six weeks. If you have a complex case, it may take even longer before the parties come to an agreement.
Accepting the Settlement or Filing a Lawsuit
Even with the help of an attorney, it’s not always guaranteed that you’ll come to an agreement with the insurance company. If the negotiation works, the insurance company will sign a release form and close your case. This means you’ll not be able to take any further legal action.
The good news is that not many motorcycle accident claims proceed to court. With a good attorney, chances are high that you’ll get a satisfying settlement without involving the judge.
However, the negotiations don’t always go as expected. If the parties don’t come to an agreement, the case will have to go to court. Your attorney will help you file a lawsuit to compel the insurance company to pay a certain amount.
Cases that go to court take a longer time to settle. You’ll have to file for the lawsuit and wait for the trial date, which can be very long.
The lawsuit way is not only time-consuming but also costly. However, this might be the only way to solve complex motorcycle accident cases and ensure everyone is satisfied.
Bottom Line
Settling a motorcycle accident lawsuit may take a short duration or several months, depending on various circumstances.
With clear evidence of the accident, you will negotiate faster with the insurance company and get your compensation. However, complex cases may take several months to settle and might even proceed to court.
Also, depending on the time you take to heal, you might settle the case in one to two years. A good attorney will help speed up things a little bit and negotiate for fair compensation on your behalf.
So, make sure you contact a personal injury attorney and have peace of mind knowing that someone knowledgeable is fighting for you.
