2022 was a bad year for motorcyclists, with 6,400 fatal crashes and a further 82,600 injuries. Sadly, motorcyclists are 28X more likely to die in a crash, and in the last decade, deaths have increased by 32%. On top of dealing with injuries and vehicle damage, you also have to navigate the legal process to get compensation for your losses. The length of this process varies depending on factors like the severity of the accident and whether a lawsuit is filed. Here is an overview of the timeline you can expect after a motorcycle collision.
Investigating the Motorcycle Accident After the Crash
The first stage after a motorcycle crash is the accident investigation. Police will come to the scene to gather evidence, take statements from witnesses, and determine fault. This usually wraps up in hours or days after the collision. The officers will then complete an accident report with their findings. Make sure to get a copy of this report, as it will be important for your insurance claim and potential lawsuit.
Filing an Insurance Claim After the Motorcycle Collision
Once the investigation finishes, the next step is to contact your motorcycle insurance company to open a claim. This starts the process of getting compensation for damages and injuries. Provide all required documentation, like medical records and repair estimates.
The insurer will investigate and determine if you are eligible for coverage. For minor accidents, this may only take a few weeks. Major crashes involving severe injuries can have claims processes dragging on for months.
Motorcycle Accident Settlement Negotiations
If the insurance company accepts your claim, they will make an initial settlement offer. This is usually lower than what you hope to get. You can negotiate a higher settlement by providing evidence to justify your losses. Back-and-forth settlement talks may continue for several weeks or months. Hiring a motorcycle accident attorney can help you get a maximized settlement amount.
Deciding on a Motorcycle Accident Lawsuit
If the insurance company denies your claim or does not make a fair settlement offer, your next option is to file a lawsuit. Steve Pisman, one of the experienced Chicago motorcycle accident lawyers at Powell and Pisman Injury Lawyers, suggests consulting an attorney before taking legal action. They can assess the merits of your case and give a realistic expectation of the potential outcome. Lawsuits are time-intensive and could take over a year to get resolved. However, it may be necessary to get full compensation if the insurance claim process stalls.
The Lawsuit Timeline for a Motorcycle Accident
If you decide to sue after a motorcycle accident, here are the general stages and timeframes:
- Filing the Complaint: The lawsuit starts by filing a civil complaint with the court, outlining your allegations against the defendant. This kicks off the legal process.
- Discovery: Over the next 6-12 months, evidence like witness statements and documentation will be exchanged between the parties through interrogatories, depositions, and other discovery methods.
- Pretrial Motions: During this stage, each side can file motions asking the judge to make rulings on certain legal issues related to the case. This can take 2-6 months.
- Trial: If no settlement is reached beforehand, the trial will usually occur 1-2 years after first filing the complaint. This is when both sides present evidence and testimony arguing their case.
- Verdict: The jury or judge will then issue a verdict, deciding liability and awarding damages.
- Settlement: Even after a verdict, the parties can negotiate a settlement instead of going through appeals. This finalizes the legal process.
Having an understanding of the timeline and stages can help you plan and set expectations after a motorcycle accident. Being patient throughout the lengthy legal process is key to ultimately maximizing your recovery.
