Riding a motorcycle on a familiar route seems safe for most riders. However, an accident can happen anytime, leaving you with hefty medical bills, missed salary, extensive motorcycle damage, serious injuries, and more. After the accident, dealing with the situation can be challenging. Filing a motorcycle accident claim while still recovering from the trauma and physical injuries suffered following the crash can be difficult, especially when you have to follow deadlines.
Nevertheless, you do not have to pay for the costs if you did not cause the accident. Instead, you have the right to file a claim to get compensation for monetary and other damages. Nonetheless, filing a motorcycle accident claim is time sensitive. If you’re considering filing a lawsuit to seek compensation following a motorcycle accident, read on to learn how long you have to file your claim to avoid missing any deadlines.
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Reasons to File a Motorcycle Accident Claim
After a motorcycle accident, the extent of injury and damages may be unforeseeable. Therefore, filing an accident claim with the negligent party’s insurance company is crucial to cover the damages incurred.
Filing a claim allows you to get compensation for damages like:
- Motorcycle damage
- Injuries, pain, and suffering
- Medical expenses
- Lost wages
Motorcyclists shy away from filing a claim due to the stigma surrounding them. Furthermore, the injuries may hinder them from reaching out for legal action. In the aftermath of a devastating motorbike crash, it’s normal to feel helpless. You must give yourself the time and space to heal emotionally and physically.
However, you must also consider the necessary legal procedures and timelines. An Indianapolis motorcycle injury lawyer can help ease the burden by handling the confusing and time-consuming details associated with your motorcycle accident claim, including:
- Explaining the law and your rights
- Determining the at-fault parties
- Collecting and compiling the evidence needed to support your claim
- Safeguarding your claim when dealing with insurance companies
- Working tirelessly to ensure you get the best possible resolution
Deadline to File a Motorcycle Accident Claim
In Indiana, like in most states, the statute of limitations that applies to motorcycle accidents is similar to the one that applies to personal injuries that result from one person’s negligence. Precisely, Indiana law offers you two years to ask the state courts for civil compensation for any personal injury or damage to your property from the date the accident occurred. Suppose another person got hurt after the accident. In that case, whether a passenger, bicyclist, pedestrian, or electric scooter ride or had their property damaged, they should also have their lawsuit filed against the potential defendant within two years from the date of the accident.
However, the same two-year deadline applies if someone died following the accident and a relative or a personal representative seeks to file a claim. However, the clock begins ticking on the date the victim dies, which might be later than the day the accident occurred.
If the statute of limitations deadline passes and you try to file your motorcycle accident claim, the defendant may point out the passage of the deadline, and any state court may grant the dismissal; that’s why it’s crucial to file the claim within the stated timeframe.
However, some rare circumstances can cause the filing deadline to be extended. These include:
- You had a setback while you were still under 18 years.
- The guilty person tried to stay anonymous. Any time an accident occurs, the motorists involved must exchange information. The statute of limitations is tolled if the at-fault motorcyclist does not stop, presents false information, or escapes the state.
- You were unable to apply because of your handicap. However, if you were involved in a catastrophic accident and subsequently got into a coma, you may be eligible for a time extension.
Factors That Can Impact Your Case
When filing a motorcycle accident claim, you want to ensure your efforts bear fruit. However, several factors can affect your case, including:
- Reckless driving
- Sharing fault for the motorcycle accident
- The type and extent of injuries suffered
- The stigma associated with motorcyclists
- The amount of insurance coverage the liable party had
Statute of limitations is an important aspect of pursuing a claim in an accident. These periods vary by state, but they are calculated consistently by courts. For example, if the statute of limitations is one year, a victim must file a lawsuit within that year to file a claim. To increase your success chances and ensure you get the compensation you deserve for your damages and injuries in due time, hire a reliable lawyer in your state.