How Long Does a Motorcycle Accident Lawsuit Take?

In the aftermath of your motorcycle collision, it may seem like the insurance company is not dealing with your claim in a timely manner. Between severe injuries and damage to your bike, you may not know what to do next. All the while, you are dealing with an insurmountable stack of medical bills.

The motorcycle accident attorneys at Bamieh & De Smeth are here to provide an overview of a motorcycle accident case, from dealing with the insurance company to proceeding to trial.

The Claims Process and Time Restrictions

A motorcycle accident attorney will likely make all attempts to settle your claim with the insurance company before considering filing a lawsuit.

Under the Fair Claims Settlement Practices Regulations, the insurance company must adhere to the following timeline:

• 15 days to acknowledge receipt of your claim
• 15 days to respond to any communications from you
• 40 days to accept or deny your claim
• No longer than 30 days to pay your claim

Never correspond directly with the insurance company. Always have a California motorcycle accident attorney communicate on your behalf.

Should I Sue the Other Driver for My Motorcycle Accident?

California allows victims of motor vehicle accidents two years to bring their case to court. If you do choose to litigate your case, the process could take anywhere from several months to years.

There are circumstances in which you may want to consider filing a lawsuit:

• If your insurance claim is outright rejected
• If the insurance company offers you low settlement offers
• If your damages are greater than the other driver’s insurance liability coverage

The Lawsuit Process

Pleadings

If you do choose to pursue your motorcycle accident case in court, you will file a complaint with the court. Within 60 days, the defendant must be served the complaint and summons.

The complaint will summarize the facts behind your accident, your claims against the defendant, and what damages you are requesting the defendant pay you. The summons is an official court document notifying the defendant of the lawsuit. It notifies the defendant of when he or she must appear in court.

The defendant will have to respond to your complaint by filing an answer. The answer must be filed within 30 days following the initial complaint. In an answer, the defendant will issue a statement denying your allegations and providing an explanation of his or her actions. The answer is the defendant’s opportunity to provide his or her account regarding the accident.

Discovery

The lengthiest process in a lawsuit is usually discovery, which can take several months to one year to complete. Discovery is the process of both parties exchanging information and evidence to be used at trial.

According to California court rules, discovery must be finished at least 30 days before the trial is scheduled to begin. Since each party has 30 days to respond to each request, your attorney will submit any discovery requests to the opposing party several months in advance.

Contact a California Motorcycle Accident Attorney Today

At Bamieh & De Smeth, we are dedicated to providing you with the highest level of service. Our California motorcycle accident attorneys are here to represent you through the insurance claims process while also offering you the highest level of representation if you decide to take your case to trial. Contact us today online or by phone to schedule your free consultation.