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How long you have to make a motorcycle accident claim depends on the state where the accident occurred, the timing of filing a lawsuit, and the conditions of the policy when filing an insurance claim. Understanding and interpreting the notification and filing deadlines that apply to your claim can be challenging.
Failing to file your lawsuit within the specified time limits could put your right to recover damages in jeopardy and leave the financial burden of the accident on your shoulders. An experienced motorcycle accident lawyer in Shelby can help you file an injury and property damage claim that meets all the required legal parameters.
The State Where Your Accident Occurs Defines the Statute of Limitations
The statute of limitations is the filing deadline each state imposes on personal injury lawsuits. Its intended purpose is to:
- Prompt legal action within a reasonable amount of time
- Preserve critical evidence that could be lost or degrade over time
- Obtain witness testimony while memories are still fresh and vivid
If the statute of limitations expires, no lawsuit can be filed at all. In addition, the insurance company representing the at-fault party will monitor the filing deadline and can refuse any further negotiations. That would mean the at-fault party in a personal injury claim cannot be legally compelled to compensate the injured party.
North Carolina Requires Filing a Motorcycle Accident Lawsuit within Two Years
In North Carolina, you generally have three years from the date of the accident to file your personal injury lawsuit, according to G.S. § 1-52. Similarly, you generally have two years from the date of a loved one’s demise to file a wrongful death lawsuit, according to G.S. § 1-53.
South Carolina Requires Filing Motorcycle Accident Lawsuits within Three Years
In South Carolina, S.C. Ann § 15-3-530 generally gives you three years to file a personal injury or wrongful death lawsuit.
The statute of limitations in both states can be affected by the age of the injured party and by certain actions taken by the at-fault party. These fluctuations can make complying with the filing deadline difficult.
Types of Recoverable Damages for Injured Motorcycle Accident Victims
Financial recovery after an accident includes economic (potentially out-of-pocket) damages and non-economic (non-financial) damages. Economic damages include current and future medical treatment expenses and other readily documentable costs, including:
- Treatment-related travel
- Current and future lost wages
- Loss of future earning ability
- Property damage or loss
- Diminished property value
Non-economic damages are sometimes harder to prove, though tangible evidence of their value can be obtained. They typically include:
- Disfigurement
- Emotional distress
- Impairment
- Loss of enjoyment of life
- Mental anguish
- Pain and suffering
Create a detailed list of all your recoverable damages to ensure nothing is omitted and your motorcycle accident claim is not undervalued or underpaid.
Wrongful Death Damages for Fatal Motorcycle Accidents
The loss of a loved one can have a profound emotional impact on your family. It can also take a financial toll. The person or entity whose actions caused a fatal motorcycle accident can be held accountable for the following damages:
- Funeral and burial costs
- Loss of financial support
- Loss of domestic support
- Loss of consortium
- Loss of companionship
- Loss of care and guidance
The decedent’s representative, rather than a family member, could be responsible for filing a wrongful death claim. Compensation, though, can be recovered by their parents, spouse, and children.
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The Insurance Company May Have Its Own Policy Deadlines for Filing a Claim
Every auto or motorcycle insurance company will have its own policies. While they must align with state laws, they could vary. The best way to understand how the at-fault driver’s insurance works is by obtaining a copy of their policy and reading it in detail.
It could contain notification requirements, claim filing deadlines, and evidence requirements. It will also include policy limitations and maximums that dictate the monetary value of your compensation request.
Get a Complete Copy of the Insurance Policy—Whether Yours or the At-Fault Driver’s
Obtain a copy of the insurance policy of the vehicle driver who caused your motorcycle collision. Get all the parts of the policy which can include liability coverage and medical payments coverage.
It will also include mandatory or optional uninsured and underinsured motorist coverage, state minimum requirements, and the specific monetary limitations and maximums of the applicable policy.
You Must Prove the Policyholders Negligence to the Insurance Provider
To recover damages from the responsible party, you have to prove their negligence caused your motorcycle crash. That means proving the following four elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
Proving these elements does more than define the responsible party’s liability; it can also help you refute any allegations that you caused or contributed to the accident, which could affect your financial recovery.
Collect Evidence that Documents Your Recoverable Damages
You can prove the components of negligence with a compelling evidence collection. It should also include bills, receipts, and invoices that document your financial losses. A comprehensive case file will include:
- Police report
- Medical records
- Witness statements
- Video footage
- Photos from the accident scene
- Accident reconstruction
- Medical expenses
- Proof of income
- Expert testimonials
Collecting evidence can be a time-consuming, potentially daunting task. Take your time and collect as much evidence as possible to support your right to fair compensation.
Call Our Office Today to Learn More About Making a Motorcycle Accident Claim
If you or someone you love was injured in a motorcycle accident, our legal team can clarify how long you have to make a motorcycle accident claim for compensation. We can help you file your claim on time, accurately assess your damages, and build a strong case for financial compensation.
Find out how our experienced motorcycle accident attorneys can help you recover damages. Contact our consultation team at Farmer & Morris Law, PLLC, to get started with a free initial consultation today.
