Most motorcycle accident injury claims are settled without the need to go to a jury trial. How long it takes for your claim to be resolved depends on the specific facts of your accident. However, here are three factors that give you a better idea of what to expect when you file your claim with the negligent driver’s insurance company.
Your Medical Recovery
You need to wait to settle a motorcycle accident claim until you either completely recover from your injuries, or reach the stage in medical treatment where you've recovered as much as you can and the doctor gives you a final prognosis on future medical needs. This is referred to as maximum medical recovery.
It could take you months or longer to reach this point in your medical treatment if you suffered serious or multiple injuries. It's best to delay settling your case until you know what all future medical expenses, lost wages, and pain and suffering will be, and your attorney can secure this compensation in your settlement.
Collection of the Evidence You Need
When you file a claim after a motorcycle accident, you need to prove the other driver’s fault in causing your collision and the seriousness of your injuries. An experienced motorcycle accident lawyer conducts a thorough investigation into the cause of your crash and collects valuable evidence to prove the other driver’s fault.
They will also obtain your medical records, wage loss documentation, and other essential proof to establish the amount of compensation you're entitled to from the insurance carrier. If your injuries are long-term, it could take longer to collect all the documents to support a winning case.
Your attorney might also need to enlist the evaluation of an expert witness or collect additional evidence to resolve disputes with the insurer.
Negotiations With the Insurance Company
The more severe your injuries, the greater the claim amount should be to ensure your best recovery—but these facts don't guarantee the process will be easy. Insurance companies may fight harder to reduce or deny your claim because the value is higher—which can make it much longer to settle your case. If the carrier refuses to be fair, your lawyer might need to file a lawsuit and litigate your claim, which might take months or even a year or two to resolve.
Were you hurt in a motorcycle accident in Southern California that wasn't your fault? Call my San Diego office to schedule a free consultation to get your questions answered and learn about your options.