Available 24/7The length of time it takes to settle a motorcycle accident claim depends on numerous considerations. Factors that can affect your motorcycle injury case include evidence quality, liability determination, claim complexity, and loss values.
Find out how these factors can affect your motorcycle accident settlement time frame and learn what you can do to avoid delays. Consider consulting with a motorcycle accident attorney in your area to learn about the factors that may affect your specific claim.
Understanding a Typical Motorcycle Collision Claim Timeline
Every case is unique, which means the time it takes to get a settlement varies widely. However, even complex claims typically follow the same events:
- Gather evidence to build a claim
- Identify the at-fault driver or party
- Submit a claim to the insurance carrier
- File a personal injury lawsuit
- Receive the insurance provider’s response or settlement offer
- Negotiate with insurers for a better settlement if needed
- Take the case to trial, if necessary
Insurers are notorious for offering lowball settlements at the beginning of a claim. An attorney can help you fight back against stubborn insurance companies. If you receive a settlement offer, either over the phone or in writing, avoid agreeing to the terms before you consult with your personal injury lawyer.
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Call Us NowCompelling Evidence Makes a Stronger Case
When you have high-quality evidence to establish fault and prove damages, the case may settle faster. A motorcycle accident attorney can help you gather convincing evidence to support your case, including:
- Photos or videos of the accident scene
- Witness statements from people who saw the crash
- Police report and expert accident reconstruction
- Expert testimony from medical, economic, and other specialists
- Medical expense records, invoices, receipts, financial statements, and other documents to prove your damages
When you have evidence to support your case, the insurance company may be less likely to fight the claim. They typically will not want to take a case to court if they think they will lose.
Liability Laws in Your State Can Affect How Long Your Motorcycle Settlement Takes
Motorcycle crashes in states with complicated liability laws can take longer to reach a settlement. Most states require that the victim prove that the at-fault party was liable for the accident and associated damages. However, liability laws often determine fault on a percentage basis. For instance:
- In California, you may collect compensation regardless of your percentage of fault.
- In Idaho, you may only collect compensation if you are 49% or less at fault in the accident.
Insurance companies will often fight for less liability in order to reduce their overall payout. If they think they can reduce the settlement enough, they may decide to fight the claim at trial. A settlement that could take six months to reach may extend to over a year or longer if taken to court to resolve.
Consult with a personal injury lawyer in your area to learn whether the liability laws in your state could affect your settlement timeline.
Multiple Parties Complicate a Motorcycle Claim and Extend the Settlement Timeline
If your motorcycle crash involved more than one other party, the resulting claim can become more complicated. Since insurance adjusters are motivated to pay as little as possible, they may spend significant time in settlement negotiations debating who is responsible for the accident.
States with percentage-based fault determination can make for especially complicated settlement discussions while the parties determine how much of the accident each liable party is responsible for.
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Schedule NowMotorcycle Cases That Go to Trial Typically Take Longer
If the parties cannot agree to a settlement amount or liability share, they may take the case to a judge or jury to decide. When a case goes to trial, the process of securing a final settlement or payout can be even longer.
During a trial for a motorcycle accident, both sides will share the evidence they have gathered and present their respective cases to the judge or jury. Depending on the circumstances, either party may enter motions to remove evidence or change other factors relating to the trial. Once the court has heard both sides and reviewed the evidence, they will submit a verdict establishing who is liable and outlining a final award or settlement.
A Dispute or Appeal Can Further Delay Your Motorcycle Injury Settlement
Sometimes, an insurance company or other involved party will disagree with the court’s decision. They may file an appeal to reduce or eliminate the award. Such claims can take years to go through the initial trial and appeal process before reaching a final resolution.
The Time to File Your Motorcycle Accident Lawsuit Is Limited
You must also consider how long you have to file a motorcycle accident lawsuit. Each state has a statute of limitations, such as the following:
- CCP § 335.1 is typically two years from the accident date.
- Idaho Statutes § 5-219 is also a two-year limit to take legal action.
Missing this deadline could have a negative consequence on your ability to collect fair compensation.
A Motorcycle Accident Lawyer Can Aid in the Settlement Process
Partnering with a motorcycle accident attorney could help you reduce delays in reaching a final settlement. A lawyer with experience handling motorcycle collision cases can help you gather compelling evidence and obtain testimony from experts who can further support your case.
An attorney will also be familiar with liability laws and the tactics insurance companies use to avoid paying a fair settlement. Personal injury lawyers are skilled negotiators who know how to counter insurance company efforts to diminish or dismiss your claim.
Motorcycle accident lawyers also know how to prepare a case for trial. They can guide you through the legal process and advocate for your right to a reasonable settlement or verdict.
Get Started With a Motorcycle Accident Attorney Today
If you have questions about your motorcycle accident claim, the legal team with Sargent Law Firm Injury Lawyers can help you understand your legal rights and options. Contact our office today for a free consultation and learn how long your motorcycle accident claim may take to settle.
During your free legal consultation, we will review your accident information and explain the legal process. If you decide to work with us, we will handle your case on a contingency fee agreement, so you pay nothing for our legal support until we win your case.
