motorcycle riding along road

How Long Does It Take for Motorcycle Accident Injury Claims to Settle in California?

By Yosi Yahoudai
Founder and Managing Partner

If you get hurt in a motorcycle accident that was someone else’s fault, you probably want to know how long it will take until you get the money from your injury claim. The short answer is usually at least several months but as long as a few years. There are many factors that can affect how long the claim process takes.

Every motorcycle accident injury claim is different because each claim has a unique set of facts. A California motorcycle injury attorney can keep the process moving along and answer your questions, like how long does it take for motorcycle accident injury claims to settle in California? 

The Stages of a Motorcycle Accident Injury Claim Settlement

The basic steps involved in a motorcycle accident injury claim in California include:

  • Investigation of the accident, the parties involved, your injuries, and your losses.
  • Calculation of the appropriate range of settlement.
  • Drafting and sending a demand letter to the insurance company.
  • Response of the insurance company to the demand letter.
  • Negotiations between the claims adjuster and your attorney.
  • Reaching a settlement. Reviewing the settlement documents.
  • Exchanging signed settlement documents for the proceeds check. 

Some of these steps can take weeks or months, while others can get accomplished in a matter of days.

The Importance of Completing Your Medical Treatment 

It is critical that you complete all of your prescribed medical treatment and get released by your treating physician before you agree to a settlement of your injury claim. After you settle your claim, you can never come back to the defendant or their insurance company to ask for additional compensation for your losses from the crash.

Sometimes, your doctor will tell you at the follow-up appointment that you will need additional medical intervention to maximize the recuperation from your wounds. Let’s say, for example, that your doctor thinks you need surgery because physical therapy did not provide all the benefits your doctor had hoped. If you already settled your injury claim with the defendant’s insurer, you will have to pay for that surgery out-of-pocket. 

The Issue of Lost Wages

Lost income is a significant portion of many personal injury claims. You do not want to settle your claim until you have returned to work and discovered whether you will be able to perform on the job as before the accident. 

Sometimes, a person might have chronic pain, weakness, or another impairment from the motorcycle accident that affects their ability to earn a living. Future lost wages can be a sizable dollar amount of your claim. If you settle your motorcycle accident claim before you know this factor, you could miss out on a lot of money that you deserve. 

The Filing Deadline

You must file a lawsuit to preserve your right to go after compensation from the at-fault party if your case has not settled before the statute of limitations, also called the filing deadline. After the state passes, you will lose the right to hold the negligent party accountable for your injuries and other losses. A California personal injury attorney can talk to you about the statute of limitations that applies in your case and help you go after money damages from the at-fault party. Contact our office today for help with your case.

About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.