I've been injured in a motorcycle accident, do I have a time limit in which to bring a motorcycle injury claim?
We always recommend contacting all insurance companies involved of the occurrence of a motorcycle accident as soon as possible, particularly if someone was hurt. This will allow insurance companies to open their file and prepare for negotiating your claim(s). But there are vitally important drop dead time lines in California to observe or you will be restricted from presenting a motorcycle personal injury claim at all.
You typically must file a lawsuit within two years of the date of the motorcycle accident in California in order to preserve your right to recover damages from a personal injury claim - this is known as a Statute of Limitations. If the injured motorcyclist is a minor or a person with a profound mental disability, this period can often be extended beyond the two years.
If you intend on making a claim against a government entity, the law requires that you file a claim within six (6) months of the injury causing motorcycle accident. We have seen severely injured motorcyclists barred from pursuing a claim against a negligent government entity because they failed to file the necessary paperwork within the relatively short six month period. It’s heartbreaking. There are circumstances where a late claim can still be filed but this can be a steep, uphill process.
With government entities, if your claim is rejected you must also file a lawsuit within certain time periods after the rejection.
In order to protect your rights, if you have any question of what your Statute of Limitations, or claims statute, may be, we highly recommend that you contact an experienced motorcycle accident attorney immediately to find out the time limitations involved.
Please know: These are general statements of limitations. There are many exceptions and you should consult an attorney concerning your particular claim and the applicable statute of limitations and any available exceptions.
The Law Offices of Edward A. Smith are experienced motorcycle accident attorneys expert in motorcycle rules and regulations.
If you have been injured in a motorcycle accident that was not your fault, call us anytime for free, friendly advice. Sacramento 916.921.6400. Or contact us online.