How Long Do I Have to File a Motorcycle Accident Claim in Texas?

Motorcycle Accidents

Motorcyclists are more vulnerable because they do not enjoy the same level of protection as vehicle occupants. This might explain why the fatality rate in the former is six times more than in the latter. Serious injuries often mean higher costs of recovery and repairs.

Compensation could be available for motorcycle accident victims, but only if they file on time. An Edinburgh personal injury lawyer can evaluate a case and help the victims determine how much time they have left. The avenue you choose to pursue compensation and the entity you file against are key determinants of these timelines.

How Long Do Insurance Companies Have to Settle a Motorcycle Accident Claim?

Insurance companies have 15 days to give you a response regarding your claim in Texas. The clock begins ticking when the insurer receives all the documentation. However, the company is allowed to extend the period to 45 days when they have a good reason.

An insurance adjuster can either deny or approve your claim. Victims of motorcycle accidents can speed up the process by:

• Understanding their insurance policy
• Documenting the claim carefully
• Giving all the details in your “proof of loss” form
• Working with an attorney that can educate you on your rights and options

If they deny your claim, you might have to file a lawsuit and let the judge decide. An Edinburg motorcycle accident attorney can represent you and fight for you to receive compensation in full.

When is a Victim Barred From Filing a Motorcycle Accident Claim in Texas?

If two years lapse before you file a motorcycle accident claim, you might not be able to claim your compensation. But before filing, make sure that you do not share a 50% at fault contribution in the accident.
According to the comparative negligence rule used in Texas, you cannot claim any compensation if your share of contribution is half or more. It would be pointless to file on time and later find out that you are not eligible for damages. A consultation with an attorney in Texas can give clarity and confidence before taking the next steps.

Is the Statute of Limitations Different When Government is Involved?

Motorcycle accidents can be caused by vehicles driven by government employees or in hazardous government-owned properties. Bringing a lawsuit against the government is different from lawsuits against businesses and individuals.

You have six months to file a “notice of claim” against the State of Texas. But if you intend to file against a municipality, the statute of limitations might be shorter. For instance, you can only file in Houston within 90 days. Speak to an Edinburg motorcycle accident attorney to find out how much time is still available for the municipality that contributed to your accident.

How Much Time Do Families Have to File a Motorcycle Wrongful Death Claim?

When a motorcycle accident becomes fatal, families should act quickly and file a lawsuit. Two years from the date the victim died, you might not be allowed to claim compensation. However, if you miss out on the deadline, you can find out from your motorcycle accident lawyer in Edinburg, TX, if you can get an exception.

While narrow exceptions apply in specific situations, it would be better not to take chances and file sooner. As time goes by, witnesses’ memories could fade, and the chances of losing vital evidence are also high.

What are the Exceptions to the Statute of Limitations?

Statutes of limitations are meant to encourage the prompt pursuit of claims. The courts can be very strict with timelines and rarely give extensions. However, exceptions might be available if:

• A military deployment prevented you from participating in your claim
• You were incapacitated for sometime
• You were catastrophically injured or disabled and needed help filing the claim
• The defendant absconded
• A minor was involved in the accident

If you think any of the above exceptions apply to your case, you might want to ask the court to extend your statute of limitations. A personal injury attorney in Texas can guide you on how to go about it.

What are the Benefits of Filing on Time?

Two years might seem like a lot of time, but it’s actually not. A lot needs to be done during that period, and it would be beneficial to begin early. Filing a week to the expiry of the statute of limitations might not give your attorney sufficient time to collect evidence, investigate, and build a strong case. Filing early can help you:

• Pay your motorcycle accident bills
• Recover costs from your injuries
• Preserve evidence
• Avoid gaps in your medical treatment

It is easier to develop an award-winning case when everything is done without a rush. So, if you have a pending motorcycle accident claim, consider calling a Texas attorney as soon as possible.

How Much Time is Needed to Finalize a Motorcycle Accident Case?

Negotiating with the at-fault party’s insurance company can take weeks or months. It is easier to reach a settlement in a shorter period when an attorney represents you. The willingness of the adjuster to negotiate and the evidence available can also influence resolution time.

Claims that cannot be resolved through negotiations often end up in a lawsuit. However, the court’s dockets can be crowded, and it could take several months or more than a year to finalize a case. The trick to getting it done early is to file early.

Attorneys Diligently Fighting for the Rights of Its Injured Clients

For motorcycle accident claims, one missed deadline can change your life going forward. Failure to act now can rob you of the right to seek the compensation you deserve. You might have to bear all the losses and injuries alone, while the liable parties carry on with their normal lives.

We can answer your questions, help you explore your best options, and explain your rights. This will equip you to make the best possible decision for yourself and your family. There is no reason not to make that decision today. Get in touch with us to get started immediately.