The state of Texas has one of the highest rates of motorcycle fatalities in the nation. When accidents occur, our personal injury lawyers frequently receive questions regarding case value, the claims process, and who pays for medical bills and damages.
In this article, we’ve assembled a list of the most frequent inquiries our firm has fielded from motorcycle accident victims. Although we offer free case evaluations, we’ve provided insight on how long motorcycle accident claims take to settle, the worth of your settlement, and more.
- What Impacts My Eligibility to File a Motorcycle Accident Claim?
- How Long Do Insurance Companies Have to Resolve a Claim Involving a Motorcycle in Texas?
- What Is the Legal Deadline for Filing a Motorcycle Accident Claim in Texas?
- What Can I Do to Expedite the Claims Process for My Motorcycle Accident?
- How Is the Value of My Personal Injury Settlement Determined?
- How Is Fault Determined in a Motorcycle Accident Case?
What Impacts My Eligibility to File a Motorcycle Accident Claim?
Timing and shared liability affect your eligibility to file a claim. You might not be able to file a motorcycle accident claim for compensation if two years pass before you do so. Also, ensure that you did not share more than 50 percent of the accident’s blame before suing.
According to Texas’s comparative negligence statute, you are ineligible for reimbursement if your share of the fault is 50 percent or more. To file on time just to discover that you are not entitled to damages would be futile. A consultation with a Texas attorney can provide clarity and assurance before moving forward.
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How Long Do Insurance Companies Have to Resolve a Claim Involving a Motorcycle in Texas?
In Texas, insurance companies are required to respond to your claim within 15 days. When the insurer receives all of the paperwork, the time granted to settle your claim begins to run out. However, if the business has a valid justification, they may extend the time limit to 45 days.
It may take weeks or months to negotiate with the at-fault party’s insurance provider. When you have legal representation, it is simpler and quicker to achieve a settlement. The adjuster’s negotiating stance and the body of evidence at hand might also affect how quickly a dispute is resolved.
Litigation is frequently the result of disputes that cannot be settled through discussion. A lawsuit may not be resolved for several months or perhaps more than a year due to the court’s backlog of cases. The secret to finishing it quickly is to file early.
What Is the Legal Deadline for Filing a Motorcycle Accident Claim in Texas?
According to Texas Civil Practice & Remedies Code 16.003, as of 2022, the majority of personal injury claims have a two-year statute of limitations if you live in Texas. For the courts to not dismiss your case for waiting too long to file, your lawsuit must begin before this deadline, but it doesn’t dictate how long it will take for your bike wreck case to settle.
There are some exceptions to the statute of limitation in which your attorney can request the court to extend your deadline. The courts may agree if the following took place:
- Due to a military deployment, you were unable to submit your claim
- You required assistance submitting the claim because you were gravely hurt or incapacitated
- The accused left the scene
- The incident included a minor
If government vehicles or dangerous government-owned properties are to blame for your motorcycle accident, a “notice of claim” against the State of Texas must be submitted within six months. The statute of limitations may be shorter if you want to sue a municipality.
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What Can I Do to Expedite the Claims Process for My Motorcycle Accident?
An insurance adjuster has the authority to accept or reject your claim. As a motorcycle accident victim, you can expedite the process of settling your claim by:
- Having knowledge of their insurance policy
- Compiling thorough documentation of the claim
- Filling out your “evidence of loss” form completely and accurately
- Collaborating with a lawyer who can inform you of your rights and alternatives
You might need to file a lawsuit and let the judge make the decision if they reject your claim. A Texas motorcycle accident lawyer can act as your advocate and fight for full compensation.
How Is the Value of My Personal Injury Settlement Determined?
A personal injury lawyer will gather evidence to prove the value of your claim and the amount of compensation you are entitled to. This often includes:
- Pain and Suffering and Mental Anguish
- Permanent injuries
- Medical Bills
- Emotional distress
- Loss of income
- Punitive Damages
- Wrongful Death
An experienced motorcycle accident attorney will make an effort to negotiate a settlement with the responsible party’s insurance. Negotiations may prolong the amount of time that it takes to settle your motorcycle claim, but if an agreement can not be reached, your case will go to court.
How Is Fault Determined in a Motorcycle Accident Case?
The investigative process done to determine liability for your bike accident can greatly impact how long it will take to settle your claim. In Texas, each party will be held liable for their percentage of liability for the collision. Since it is not always clear who is responsible, your motorcycle accident attorney will investigate without bias, in order for fault to be determined fairly.