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August 19, 2020

Do You Have to Bring a Claim After a Motorcycle Accident?

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Car Accident Lawyer

A motorcycle accident can have devastating consequences. It may throw your life completely out of balance. The insurance company agrees to settle but doesn’t offer enough compensation to fully pay for your expenses. Maybe you put off dealing with the insurance company while you try to heal. Now, you’re wondering if you can go back and sue the other driver. The quick answer is that it depends on the statute of limitations for your state.

What Is the Statute of Limitations? 

The statute of limitations is a law that restricts the time frame for bringing a lawsuit against another party. For motorcycle accidents, that limit is generally two to three years, but it can vary by state law. The state where the accident occurred is the state that would determine the statute of limitations. One big exception is for minor children. When a minor child is injured, that person has the ability to file a lawsuit within a certain time frame from their 18th birthday.

What If You’re Filing an Uninsured Motorist Claim? 

The statute of limitations still applies to claims under uninsured motorist policies, but the timeline may not start until the claim has a “final resolution.” That is, you’ve submitted your claim, but the insurance either denies or doesn’t have enough coverage to pay out. Your statute of limitations would start when you get that determination. However, every state does have different guidelines for the statute of limitations. You should discuss your situation with a motorcycle accident lawyer who can help you through the process in your state.

Does Filing a Lawsuit Mean You’ll Go to Court? 

One way to stop the statute of limitations is to file a lawsuit against the other party. You can continue negotiating to find a settlement after you file a lawsuit, but this ensures that your claim timeframe doesn’t run out. If you and the other party can come to an agreement, you may avoid a courtroom trial. Most accident claims are settled out of court, before the case comes to a judge and jury. Filing a lawsuit doesn’t mean that you will have to settle the claim in court.

How Can You Get Financial Compensation For Your Injuries? 

If you’ve been injured in a motorcycle accident with serious consequences, it can be beneficial to talk to an attorney about your claim before you settle.

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