How Long After a Motorcycle Accident Can You File a Claim – 2022 Guide

Published on November 19, 2020
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Sometimes, no matter how careful you are while you’re driving, you end up in a motorcycle accident because of someone else’s irresponsibility and negligence. If that’s something that has happened to you, make sure you’re aware of your right to file for a personal injury claim. In most cases, this isn’t a very complicated legal issue. However, there are certain legal deadlines that you’ll have to adhere to if you want to file a successful claim.

In this short guide, we’ll tell you everything you need to know about filing a claim after you’ve had a motorcycle accident.

So, without further ado, let’s begin!

How long are the deadlines?

Source: edmontonjournal.com

The first thing you want to know when you’re filing a motorcycle accident claim is whether you’re still legally allowed to do so. The answer is not that simple as it all depends on your state laws. Mostly, these periods are about 1-2 years long, but make sure to check with your lawyer before filing the claim.

The reason why these are seemingly so long is that you’ll need to recover from your accident first. So, if you happen to be in a motorcycle accident, do not forget to immediately call the police, take pictures, get the other driver’s information, and talk to any nearby witnesses. Also, don’t forget to seek medical assistance, and keep the medical records with you. You’ll need sufficient proof to get your claim approved, so do everything to collect as much of it as you can.

How does it all work?

Even though filing this type of claim isn’t that complicated, getting an auto accident attorney might be the most efficient option out there. It’s always better to have someone who’ll guide you through the process and get you the compensation you deserve. Many people make the mistake of settling on an amount that’s way below what they could get if they simply hired a specialized attorney.

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With that being said, you’ll have to know that you’re not going to be dealing with the driver directly, but you’re going to go up against their insurance company. Their goal, of course, is to pay as little as they can, so you can expect them to make things a bit difficult.

Negotiations

As we previously mentioned, the more proof you manage to gather, the faster you’ll be able to negotiate the acceptable amount.

Whatever you do, make sure to be prepared for the insurance company to fight your claim by either blaming you for the accident or trying to deny the claim completely. Sometimes they’ll even offer a settlement that’s way under what you actually deserve. All of this is why it’s so crucial to consult a legal professional before settling for anything.

Hopefully, you’ll be able to negotiate the optimal deal without having to go to court. It all depends on the complexity of your case. Make sure to tell everything that’s of relevance to your attorney, and they’ll be able to build a case for you without the need to go to court, thus saving you time, effort and money.

What to do if the driver is uninsured?

Even though most states have strictly defined auto-insurance laws, due to improper regulation, you might encounter an uninsured driver. If that’s the case, you have to know that filing a personal lawsuit might not be the best option out there.

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So, what can you do?

You could make use of the Uninsured Motorist Coverage, which is an insurance policy that covers your expenses if you find yourself in an accident caused by a driver with no insurance. Of course, this only works if you already have the UMC included in your insurance. You can click here to find out more about this insurance type, so you can decide whether it’s worth it for you or not.

What damages can you include in your claim?

Source: motorcyclenews.com

Two types of damages can be included in your motorcycle accident claim: injury damages and property damages. Usually, people claim for both types, since hardly any motorcycle accident goes without injuries.

When it comes to damages to your bike, you can ask for either the amount equal to the value of your bike at the time of the accident or the repair costs you suffered. You can’t ask for both, so make sure to weigh both options until you find what’s more acceptable to you. Ask your attorney for their opinion, as they have enough experience to help you choose the optimal solution.

On the other hand, when it comes to personal injury claims, you can file a claim for expenses caused by the accident, such as medical treatment bills, medication, lost wages from missing work due to the accident, and many more.
Whatever you do, make sure to ask your lawyers to help you with your case, as you might accidentally overlook some aspects of the accident, resulting in a lower settlement amount.

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How long will it take until the case is resolved?

As we mentioned before, this will mostly depend on the complexity of your individual case. If you’ve collected all the necessary proof, you’ll be able to get your compensation very quickly.

There aren’t any definitive answers to this question, so make sure to consult an attorney to give you an estimate after they’ve reviewed your specific circumstances.

Also, while you can file your claim by yourself, it’s much better to get an attorney involved. They’ll be able to get you the best possible results, and they’ll be able to shorten the otherwise annoyingly lengthy processes.

The bottom line

If you ever end up in a motorcycle accident caused by someone else, don’t hesitate to file a claim and get the compensation you deserve!

Check your state’s laws and look at time limitations and other important requirements before you take action. To get the best possible results, you should consult with a specialized attorney who can advise you on what to do during the process. Whatever you do, do not accept the first settlement offer as it’s usually much lower than what you deserve in damages.

All in all, we hope that this article was informative enough to help you protect yourself and your property from irresponsible drivers on the road.

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