As per Statute 9-3-33 and Statute 9-3-32 of the Georgia Code, the statute of limitations for motorcycle accident claims is two years for bodily injuries and four years for damage to personal property, respectively. This means you must file a personal injury lawsuit within two years after suffering injuries in a motorcycle accident if you want to recover compensation for bodily injuries. If you only plan to sue for property damage, you have four years to file.
Causes of Motorcycle Accidents
There are many ways that motorcycle accidents can happen, and for each case, the standard statutes of limitations outlined above apply. Common factors in motorcycle accidents include:
- Slick or uneven surfaces, or potholes and other road damage.
- Dangerous curves.
- Drivers under the influence of drugs or alcohol.
- Poor weather or inadequate lighting.
- Running stop signs or red lights.
- Blindspot or no-zone accidents.
- Unsafe merging and insufficient space between vehicles.
Most often, drivers may underestimate how long it takes to come to a stop, or they may not see a motorcyclist because of the small profile that motorcycles have as compared to other, larger vehicles. Driver experience, vehicle malfunctions, unexpected stops, road conditions, and other road users’ negligence can all cause or contribute to a motorcycle accident.
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Motorcycle Accident Coverage
Georgia is an at-fault state. This means that if you were involved in a motorcycle accident, you can seek compensation for injuries and losses from the responsibe party’s insurer. You can file a claim for physical and financial losses. These losses, damages, and injuries usually include:
- Head, back, neck, or brain injuries.
- Muscle, nerve, bone, or ligament injuries.
- Internal organ damage.
- Cuts, bruises, and lacerations.
- Paralysis, amputations, scarring, or disfigurement.
- A loss of eyesight, face injuries, and dental injuries.
- Vehicle or property damage.
- Lost income up to certain limits.
Medical coverage includes compensation for medical treatment, diagnostic testing, rehabilitation, and therapy for health issues directly resulting from your accident.
If you were involved in an accident with an uninsured or underinsured driver, you can resort to your uninsured or underinsured motorist accident policy for coverage. If you do not have such a policy and the other driver does not have coverage, you will have to take the case to court to pursue any damages.
It is important to decide how to pursue compensation as quickly as possible, as you do not want to miss the deadline to file a lawsuit. If you intend to file an insurance claim first, you want to leave yourself enough time to take your case to court if you do not get a fair settlement offer.
The Process of Pursuing Damages
If you have evidence to prove the fault of the other party, you can usually seek compensation from their insurer or in court. To do this, you must gather proof and evidence regarding your collision and build a case within the motorcycle accident claims statute of limitations. Again, these timelines are two years if you are seeking compensation for bodily injuries and related expenses, or four years for property or vehicle damage.
If the insurer accepts your claim, an adjuster will offer you a settlement for all of your damages. Accepting this offer means your case is closed, and you cannot seek further compensation. However, if you receive a denial or you believe the settlement offer is unreasonable, you can proceed with filing your lawsuit.
When the court receives your case and all of your evidence, a judge will review your case and may decide to hold a trial. You or your attorney will need to defend your explanation of the accident. At this stage, the success of your case depends on the strength of your evidence for the kinds of damages you are seeking.
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To learn more about pursuing a motorcycle accident claim, please contact the Bader Scott Injury Lawyers team at (678) 562-5595 today. We provide free case evaluations to help you determine whether or not we can help you.
If we decide to work together, our motorcycle accident lawyers in Atlanta can guide you through the important steps you must take to file a claim. This includes collecting evidence, submitting a letter of intent to the at-fault party’s insurer, following up with your claim, and taking it to court if needed. Reach out to Bader Scott Injury Lawyers today to learn more.