How Long Does a Motorcycle Accident Claim Take to Settle?

• July 07, 2024
• Vehicle Accidents

The length of time that it takes to settle a motorcycle accident claim depends upon a number of different circumstances, and each motorcycle accident case is unique.  Whether liability is in dispute or admitted can play a large part in determining how long it takes to settle your claim.  Additionally, the extent of your injuries, and the time it take you to recover from you accident, will also play a role.  Often times, motorcyclists who have been injured by another person’s negligence suffer far more serious injuries than other motorists and, as a result, the treatment and recovery process takes longer than other accidents.

Understanding the Motorcycle Accident Claim Process in Washington

If you have been injured in a motorcycle accident in Washington, you may be wondering how long it will take to receive your motorcycle accident claim. The answer to this question depends heavily on the details of your individual case. Generally, the more complicated the accident is, or more severe the injuries, the longer it will take to be finalized.

It is important to note that time is of the essence when dealing with any legal matter involving a motorcycle accident claim. Waiting too long to file or settle your case can complicate matters and delay the process. The most important thing that you can do is obtain medical help immediately.  Here are two important first steps that are crucial when navigating the motorcycle accident claim process in Washington:

• Gather evidence: If you can, make sure to collect as much evidence as possible from the scene of the accident, such as photos and videos of the accident scene and the vehicles involved, photos and videos of your injuries, witness statements, and police reports. This evidence will be essential for building a compelling case and helping determine fault in an accident.
• Get legal help: Consulting with an experienced attorney who understands Washington State law can ensure that you’re taking the correct steps to preserve your claim, and give you peace of mind knowing that someone is advocating for your rights through a complicated legal process.

Filing a Motorcycle Accident Injury Claim

The first step in pursuing a motorcycle accident injury claim is to notify your insurance company and the at fault party’s insurance company that the accident has occurred and that the at fault party caused the accident.  The insurance adjusters for both sides will want information from you about the accident and the injuries that you have sustained.  It is a good idea to speak with an experience motorcycle accident lawyer as soon as possible after the accident, before you provide statements to an insurance company.

Once you have notified the insurance companies about the accident, you will likely be contacted by the at fault party’s insurance company to provide information about your injuries and medical treatment.  The at fault party’s insurance adjuster may pressure you to try to settle your claim, and may offer you money to settle your claim quickly.  Settling you claim quickly is often not in your best interest, because you may not yet know the extent of your damages.  Factors that can influence how long it takes to resolve your motorcycle accident claim include:

• The severity of your injuries and whether or not you have been able to return to work and resume regular activities.
• The complexity of the case, including the amount of damages sought, number of witnesses, and other involved parties.
• Negotiation strategy employed by both parties.
• Whether mediation or arbitration is used to resolve the dispute.
• Whether you file a lawsuit if negotiations reach an impasse.

It is important to note that no two cases are alike when it comes to negotiation timelines, but seeking help from an experienced lawyer can help ensure that your case is resolved in a timely manner.

Gathering Evidence for Your Motorcycle Accident Claim

Being able to put forth compelling evidence to support your motorcycle accident claim is essential for ensuring a successful outcome. Your lawyer will need evidence to prove liability and to prove the amount of compensation you are entitled to. Gather applicable documents and photographs, witness statements, and medical records as soon as possible – these will be invaluable to proving fault and the extent of damages incurred.

When gathering evidence, you should consider the following:

• Photos or videos of the accident scene and the vehicles involved.
• Photos or videos of your injuries.
• Police reports.
• Witness statements (including contact information)
• Medical documentation describing injuries sustained in the accident
• Records of any damage incurred (e.g., vehicle repair bill)
• Any evidence of fault, such as skid marks or observations about the other driver or the other driver’s vehicle.
• Insurance policy details for all parties involved

Having compelling evidence can help speed up the claims process considerably and minimize delays.

It is also important to note that Washington has a three-year statute of limitations to file a personal injury lawsuit based upon negligence. It is best not to wait too long before starting the process.

Calculating the Value of Your Motorcycle Accident Injury Claim

Damages in motorcycle accident injury cases in Washington State fall into two general categories: economic and non-economic.

• Economic damages – Economic damages are monetarily quantifiable loses, including things such as accident-related medical bills, both past and future, out-of-pocket expenses, in-home care or other assistance you may require for daily living, lost wages and benefits if you must miss work, and loss of future earning capacity if you can no longer work and earn at the same level.
• Non-economic damages – Non-economic damages are losses that are not capable of calculation with mathematical certainty, such as pain and suffering, emotional distress, mental anguish, disability and disfigurement, humiliation and embarrassment, and loss of enjoyment of life.

When determining the amount of compensation to seek in a personal injury case, your attorney will assess all the damages you have already suffered and those you may experience in the future due to your injuries.  Putting together evidence to substantiate your claims, and negotiating the damages that you are entitled to with an insurance adjuster can take a considerable amount of time.

Ultimately, however, the time it takes to settler your motorcycle injury claim is difficult to accurately predict, because it depends on many factors unique to your case.

Negotiating the Damages of Your Motorcycle Injury Claim

The negotiation process usually involves your lawyer preparing a demand letter providing evidence to support your claims and requesting money to compensate you for your injuries, followed by negotiations between the insurance company adjuster and your lawyer.  This process can take some time. An experienced lawyer can help your chances of success by gathering and organizing the evidence and presenting it in a compelling manner to the  insurance adjuster.

The amount of time it takes to negotiate a motorcycle accident claim in Washington depends on several factors, including: The complexity of facts related to liability or damages.

• Whether there are multiple parties involved.
• The availability of evidence.
• Whether there are disputed facts regarding liability or the nature and extent of damages.
• The strength of the legal argument presented.
• The strength of the insurance company’s defenses.
• The amount of money at stake in the dispute.

Ultimately, your lawyer will try to reach a settlement that fairly compensates you for your injuries.  If you cannot come to an agreement on your personal injury settlement, however, an experienced personal injury lawyer can file a lawsuit to recover the damages you deserve.

Call Us Today

The time it takes to resolve a motorcycle accident claim in Washington varies according to the unique circumstances of each case and the parties and insurance companies involved. It’s essential to speak with an experienced attorney who knows Washington State motorcycle accident law and who can guide you through the legal process.

The attorneys at Montoya Hinckley are experienced in helping injured motorcycle riders and their families recover the compensation they deserve. At Montoya Hinckley, we work closely with our clients throughout all phases of their motorcycle accident claim.  Our clients are constantly informed about the negotiation process, and we do not settle any cases without our clients’ approval.

If you or a family member has been involved in a motorcycle accident that was not your fault, contact us at 509-895-7373 today.