Most Common Motorcycle Accident Case Questions

A frequently asked question for my clients is, how long will my motorcycle injury case take?  From handling over 1,000 motorcycle cases, the typical length of time it takes to conclude them depends.

The answer depends on many things.  My short answer is: We have settled cases in as quickly as 90 days, but usually if it is on the quick side, it’s between six and eight months.  If we must file a lawsuit, it’s more like a year to a year and half.  But again, it really depends.

Perhaps if I describe the process, it will help you understand.  No attorney should settle a case until or unless the full extent of all the injuries of his or her client have come to the surface.  Many times, it is not known whether a surgery may be necessary until months after the motor vehicle accident.  For non-emergent situations, most surgeons want a patient to try other conservative methods of treatment before performing a surgery.

Settling a case too soon without knowing the full extent of the injuries and all the treatment required could mean settling the case for way under its value.

After about six months, it has been my experience that most of the ongoing complaints and problems have come to the surface and have complained of by the motorcyclist.  Further and more importantly, referrals to specialists are also made within this period of time.

Once we have a good handle on the diagnosis, care and treatment and prognosis, we can do a pre-lawsuit demand and try to settle the case.  

If we are met with an adjuster for an insurance company that is that evaluating the case lower than we do, the next step would be to file a lawsuit against all negligent parties.  Filing a lawsuit will add to the length of time it takes to resolve an injury or wrongful death motorcycle accident case.

After a lawsuit is filed and served on the defendant is routed to the insurance company and its lawyers.  The parties enter what is called the discovery phase.  This is where each side is required to give to their opponents most all of the evidence related to the case.  Depositions are also taken during this time.  It is common for a judge to order the discovery period to be around 120 days. 

So, because you must wait about six months to know the full extent of the injuries and then, if you file a lawsuit, there is at least six months of litigation, you can easily be looking at over a year before a case is resolved.

Our office has in place policies and procedures so we can take our client from accident to settlement in the shortest time possible.
 

Well, it is possible to settle a motorcycle accident case yourself, but it really is not a good idea, especially in certain states or with certain facts.

For example in a no-fault state such as Michigan, the law is complicated and even personal injury lawyers do not know the nuances of motorcyclist accident no-fault law.  There are different time limits for different types of claims and where they must be submitted. If a claim is not made, not made appropriately or not made to the right entity, you could be stuck with medical bills or lose your rights to sue or recover certain damages.  

In my experience, only specializing lawyers know all of the different avenues of recovery for all your different damages.  We know them all and will explore each. For example, is the owner of the vehicle involved responsible under the law?  Does the owner of the vehicle have a separate insurance policy?  Is there a special notice that is required in your type of motorcycle accident case?  Is there a special insurance policy on the motorcycle or any vehicle that will pay you additional compensation?  Is there an umbrella policy?  

I have represented countless clients who have fallen for the empty promises of insurance adjusters promising them a fair offer if they just provide this information, and then more information and then sign this authorization.  After much stalling sometimes an offer comes – a very low one in the client regrets ever attempting the endeavor themselves.  

And sometimes the injured motorcyclist actually hurts his case because of the things he is done and said to the insurance adjuster when he tried to adjust the case himself without a lawyer.

Do not get taken advantage of:

I do not recommend signing anything unless a lawyer authorizes it first.  Signing insurance company blank ‘Records Authorization’ can allow them carte blanche access to your past life including but not limited to your life long hospital and doctor records,  employment files, wage information, tax records and other personal information.  They even may be able to run a credit report on you.

I do not recommend even talking to the negligent driver’s insurance company; and I certainly don’t think you should give a recorded statement.  
 
I do not recommend you representing yourself.  Our firm specializes in motorcycle cases.  Our experience, knowledge and reputation helps resolve cases faster and for more.  

Call Jason Waechter, THE Motorcycle Lawyer, for a free, no-obligation case evaluation.  If you prefer, just fill out the case evaluation form on our Contact Us page.
 

There are many variables that go into calculating the worth or value of the settlement. Insurance factors, circumstances of the motorcycle wreck, and other factors. Contact us so we can ask some questions and get you a better answer.

First, seek medical attention from a competent, qualified doctor who is experienced with motor vehicle crashes. At the same time, we recommend not discussing your motorcycle wreck until after speaking to us or another specializing motorcycle accident injury lawyer.

Who pays the bills is a common question and one worth asking when it comes to motorcycle accidents where injuries or worse, death, occurs. Does Medicare pay medical bills for injured bikers? It may, in some circumstances. Usually if it does, it's only after any other sources pay their obligations, then Medicare may help. Medicare has a lien on any injury proceeds you may be entitled to and the Medicare payments have to be reimbursed in some cases. What this means is if another insurance company is obligated to pay, the Medicare will need to be reimbursed for it's payments. All of this depends upon your state and circumstances . Call us for the best answer for your injury case.

A very common cause of motorcycle accidents is when a driver is turning left and doesn't see an oncoming motorcyclist. Motor vehicle drivers often claim they didn't see the motorcyclist or say the motorcyclist "came out of nowhere".. the term for this is "inattentional blindness". Other distractions are often common contributors to motorcycle accidents. Drivers rear-ending a motorcycle stopped at a red light are common as well.