Motorcycle Insurance Claim: Is There A Deadline For Settlements?
When can you claim your motorcycle insurance after getting into an accident? This is a common question we get at our law firm. The answer, unfortunately, is not as simple as you might think and depends on a few different factors. In this article, we’ll discuss some of the things that can affect how soon you can file an insurance claim after a motorcycle accident.
Quick Info On Filing a Motorcycle Insurance Claim
- It is crucial to understand the difference between deadlines for filing an insurance claim and those for filing a lawsuit after a car accident.
- Pretty much every motorcycle insurance company expects you to file any claim or report any incident that could validate coverage in a timely manner, meaning as soon as possible (or within a reasonable amount of time).
- The only time delay becomes an issue is when it prevents the insurer from investigating the claim, or if there’s a financial cost incurred by the insurer because of said delay.
What Is a Motorcycle Insurance Claim Deadline?
A motorcycle insurance claim deadline is the date by which you must file a claim with your motorcycle insurance company after getting into a accident.
Note that filing a claim is different from filing a lawsuit, so their deadlines will differ.
You will find the date by which you must file your motorcycle insurance claim in your policy’s fine print. If you’re not sure where to find it, give your insurer a call and they will tell you, but the deadline for filing an insurance claim is usually 30 days from the date of the accident.
On the other hand, the deadline for filing a lawsuit (statute of limitations) is usually much longer, so even if you miss the motorcycle insurance claim deadline, you may still have time to file a lawsuit.
In California, the statute of limitations for filing a lawsuit for personal injury accidents is two years from the date of the accident and six months if it’s a government case. If the injury was not discovered immediately, then the deadline is one year from the date the injury was discovered.
For damage to property, the statute of limitations in California is three years from the date the property was damaged.
This article will focus on filing a lawsuit to claim financial compensation after being a victim of a motorcycle accident.
Factors That Can Affect the Deadline for Filing a Motorcycle Insurance Claim
There are a few different factors that can affect the deadline for filing a motorcycle insurance claim, which we’ll discuss in more detail below.
1. The policy’s language
As we mentioned, the deadline for filing a motorcycle insurance claim will be in the fine print of your policy. So, if you’re not sure when the deadline is, take a look at your policy or give your insurer a call.
2. Your relationship with the insurer
If you have a good relationship with your motorcycle insurance company, they may be more likely to give you some leeway on the deadline.
On the other hand, if you’ve had problems with the company in the past or if they’re known for being difficult to work with, they may be less likely to give you an extension.
3. The nature of the claim
Some motorcycle insurance claims are more complex than others and may take longer to investigate. For example, if you’re claiming property damage, the insurer may be able to resolve your claim quickly.
However, if you’re claiming for injuries, the process may take longer as the insurer will need to obtain medical records and other documentation. In this case, the insurer may be more likely to give you an extension on the deadline.
4. The jurisdiction in which the accident occurred
The laws surrounding motorcycle accidents and insurance claims can vary from state to state, so it’s important to check the laws in the state where the accident occurred.
For example, some states have a “no-fault” rule when it comes to car accidents, which means that each driver’s insurance company pays for their own policyholder’s damages, regardless of who is at fault.
However, in “fault” states, the driver who is found to be at fault for the accident is responsible for paying for the other driver’s damages. California is a “fault” state. Read more about California motorcycle laws.
5. The timing of the accident
Depending on when the accident occurred, the deadline for filing a motorcycle insurance claim may be different.
For example, if the accident occurred close to the end of your policy period, the deadline for filing a claim may be different than if the accident occurred in the middle of the policy period.
It’s always best to check with your insurer to find out their specific deadlines.
What Are the Consequences of Not Filing a Lawsuit on Time?
For this discussion, we will focus on filing a lawsuit and the two-year statute of limitations.
If you don’t file a motorcycle insurance claim within the statute of limitations, you will most likely be barred from doing so and will not be able to recover any damages.
This is why it’s important to consult with a motorcycle accident lawyer as soon as possible after the accident, so they can help you understand the deadlines and ensure that your claim is filed on time.
A motorcycle lawyer will also be able to help you gather the evidence you need to support your claim and negotiate with the insurance company on your behalf.
If you have any questions about filing a motorcycle insurance claim or the statute of limitations, contact Motorcyclist Attorney for a free consultation.
How Delays Can “Prejudice” Your Claim
It is important that you take action quickly and not delay in seeking medical attention and/or contacting an experienced motorcycle accident lawyer.
Not only can delays affect the statute of limitations, but they can also prejudice your claim. Prejudice means that the insurance company can argue that your injuries were not caused by the accident or that they have worsened because of the delay.
For example, if you wait too long to get medical treatment, the insurance company may argue that your injuries are not as severe as you claim or that they were caused by something other than the accident.
Similarly, if you wait too long to contact a lawyer, the insurance company may argue that you are not really serious about your claim or that you do not need legal representation.
In either case, it is important to take action quickly after the accident to ensure that your rights are protected.
What You Can Do To Avoid Delays In Receiving Settlement
There are a few things you can do to avoid delays in receiving your motorcycle insurance settlement:
1. Don’t delay in seeking medical attention and/or contacting an experienced motorcycle accident lawyer. The sooner you take action, the better.
2. Be sure to keep track of all medical appointments, treatments, and expenses. This will be important evidence to support your claim.
3. Keep track of any lost wages or other financial losses you have incurred as a result of the accident. Again, this will be important evidence to support your claim.
4. Cooperate with your insurance company, but do not give them a recorded statement or sign any releases until you have consulted with a lawyer.
By following these tips, you can help to avoid delays in receiving your motorcycle insurance settlement and prevent insurance adjusters from lowering the value of your accident claim.
Call Motorcyclist Attorney
Motorcycle accident claims can amount to millions of dollars.
Hiring an experienced motorcycle accident lawyer can help you to recover the full amount of damages you are entitled to.
The lawyers at Motorcyclist Attorney have years of experience handling motorcycle accident claims and can fight to get you the compensation you deserve. We have recovered millions of dollars for victims of accidents all over California. We can do the same for you.
Get in touch with our bilingual team today for a free consultation (English and Spanish). There are no upfront costs or fees, and we only get paid if we recover damages for you.
Let us help you get the medical care you need and the financial compensation you deserve.
