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Any motor vehicle accident can cause traumatic injuries and extensive property damage. However, few accidents are as bad as those involving motorcycles. No matter how safely a rider operates their motorcycle, their life can change in a split-second due to someone else’s negligence.
If you were hurt in a motorcycle accident, you may be eligible for compensation. But how long does it take to settle a motorcycle accident claim?
Since all accidents are unique, there’s no universal answer to this question. In general, it can take anywhere from a few months to several years to settle a motorcycle accident claim.
However, working with an experienced attorney is one of the best ways to speed up the settlement process. The team at Gerling Law has been helping victims get justice for their injuries for over 60 years.
Call our office to see if you are eligible for compensation and get an estimate on how long a potential settlement might take.
What Is a Settlement?
A settlement is a private agreement between the parties of a legal dispute. After a motorcycle accident, the liable driver, or their insurance company, will usually offer financial compensation to the injured rider. In return for this compensation, the rider will agree to dismiss their injury claim and not pursue any other legal remedies.
What Factors Affect the Settlement Timeline?
While there is no way to guarantee a fast settlement, there are several factors that affect how long the process can last.
Liability Disputes
The most important consideration after any accident is liability. You won’t be able to begin the motorcycle accident lawsuit process without knowing who to sue.
In some cases, it’s easy to identify the at-fault driver. The police officers will often help make this determination while writing the official accident report. In other cases, however, especially those involving multiple parties, liability may not be so clear.
So, how long does a motorcycle accident claim take to settle in these cases? It could be as soon as a few weeks or months or as long as several years.
Severity of Injuries
The extent of your injuries will determine what treatment you’ll need and impact the motorcycle accident lawsuit timeline.
In the worst cases, your injuries might require you to spend weeks and months in the hospital. Since you’ll need to focus on recovery during this time, you might be unable to speak with an attorney about pursuing compensation.
Once you do take legal action, calculating a settlement value can be difficult. It should cover a range of damages, such as:
- Surgeries,
- Rehabilitation,
- Prescriptions, and
- Medical devices.
Unfortunately, the other side might dispute the extent of your injuries or the amount of compensation you need. They may attempt to downplay the extent of injuries to minimize their liability, leading to prolonged negotiations or potentially even litigation.
Insurance Coverage and Policy Limits
The at-fault driver should have car insurance to help compensate you for all the damage caused by the accident. However, the sad fact is that 15.8% of Indiana drivers don’t have insurance. You can still seek compensation from these people, but the process might take longer and can lead to lower payouts.
Additionally, your potential settlement will depend on how much coverage the liable party has. Even if they have a high policy limit, insurers often refuse to provide a settlement near this amount. This unwillingness to provide fair compensation often slows down the settlement process.
Strength of Evidence
Parties settle cases out of court because it can lead to a faster and less expensive process. That being said, the liable driver may not want to settle your claim if they think they will win at trial.
You must have strong evidence to motivate the other side to settle. It needs to clearly show how the accident happened and why it caused your injuries. On top of this, you need evidence that illustrates the cost of your damages and the need for compensation.
Legal Proceedings
While going to trial is rare, it can happen. You should never assume that a settlement is guaranteed. If this happens, your attorney will prepare arguments that explain why the law is on your side and how the evidence supports your claim.
Yet, your chances of settlement don’t end once you go to trial. Some insurance companies use the threat of trial to encourage you to accept a lower settlement offer but may still be willing to settle the day the trial is supposed to start.
Why Do I Need an Attorney After a Motorcycle Accident?
Insurance companies are known for denying and undervaluing personal injury claims. If you don’t have an attorney, the insurer may try to take advantage of you and pressure you into accepting a lowball settlement offer. An attorney can prevent this from happening and will use their negotiation skills to help you get the best offer possible.
Schedule a Free Case Review
Gerling Law knows what it takes to settle a motorcycle accident claim. We will pursue the highest compensation available and never hesitate to take a case to trial. Our experience and fierce advocacy have helped us recover over $500 million for our clients.
Contact us today to schedule your free, no-obligation case evaluation.
