Every motorcycle accident case is unique, so how long it takes to settle claims can range from a few months to over a year, depending on factors like the severity of your injuries, the complexity of the case, and the willingness of the insurance company to negotiate.
Our Denver motorcycle accident lawyers understand the stress of mounting medical bills and lost wages during this time, and we can guide you through the process. Below, we’ll discuss some factors that may affect your claim, as well as what to expect during the claims process.
For a free legal consultation, call 303-777-1000
Tell us about your case
Common Reasons a Motorcycle Accident Claim May Take Longer to Settle
Motorcycle accident claims can vary greatly in their complexity and timeline. State laws and unique circumstances may come into play. Understanding the factors that impact how long it takes a motorcycle accident claim to settle is crucial. Here are some common reasons your case might take longer to settle:
Severity of Accident Injuries and Recovery Timeline
In Colorado, the extent and severity of your injuries can significantly impact how long your claim takes. Severe injuries, such as traumatic brain injuries (TBIs), spinal cord damage, or multiple fractures, often require lengthy medical treatment and ongoing rehabilitation.
Personal injury claims allow for the recovery of damages for future medical expenses, but these amounts must be substantiated by medical professionals, which can prolong settlement negotiations.
Case Complexity and Proving Liability for Your Motorcycle Crash
Establishing fault is critical in motorcycle accident cases, and in Colorado, the contributory negligence rule applies. This means your compensation may be reduced proportionately if you’re found to be partially at fault for the accident.
Gathering evidence such as accident reports, witness statements, and expert testimony can be time-consuming, especially if there’s disagreement about liability. For instance, disputes over whether road conditions, vehicle defects, or driver negligence played a role in the accident can lead to delays.
Insurance Company’s Willingness to Settle Your Claim
Under CO. Rev. Stats. § 10-3-1116, insurers are legally required to act in good faith, which prohibits unreasonable delays or denials of claims. However, insurance companies may find other ways to delay settlements and minimize payouts, such as disputing the extent of your damages or the value of your claim.
Legal Complexities of Your Bike Accident Case
Some cases require additional legal steps, such as filing a lawsuit, which can extend the timeline. Going through a trial to get your compensation typically takes much longer than settling out of court, but it is sometimes necessary to receive a fair amount.
What Can Be Recovered in a Motorcycle Accident Claim?
After a motorcycle accident, you may be entitled to recover compensation for a variety of damages, including:
- Medical Expenses: Current and future treatment costs.
- Lost Wages: Income lost due to missed work.
- Pain and Suffering: Compensation for physical pain and emotional distress.
- Property Damage: Repair or replacement of your motorcycle.
- Loss of Enjoyment: Impacts on your ability to enjoy life.
Our motorcycle accident injury lawyers can fight for these and other damages, no matter how long your case takes to settle.
What Should You Do After a Motorcycle Accident to Best Support Your Claim?
Filing a personal injury claim after a motorcycle accident involves several critical steps, each designed to build a strong case for compensation. Understanding this process can help you feel more prepared and confident as you navigate the road ahead. Here’s what you should do after a motorcycle accident:
Seek Immediate Medical Care for Your Accident Injuries
The first and most important step is to prioritize your health by seeking medical attention immediately after the accident. Not only does this ensure your well-being, but it also documents your injuries, which can be vital for your claim.
Report the Accident
Under Colorado law, you’re required to report any accident that results in injury, death, or significant property damage. Additionally, police officers on the scene can help ensure the safety of everyone involved.
The police report generated from this filing is a key piece of evidence in your claim, as it often includes the officer’s observations and any citations issued at the scene.
Gather Evidence of Your Motorcycle Collision
Collecting evidence is essential to proving your claim. This includes:
- Photographs of the accident scene, your injuries, and damage to your motorcycle
- Contact information for witnesses
- Copies of medical bills
Our legal team can collect additional materials, such as the police report and your medical records.
Initiate the Claims Process
You will need to file a claim with the at-fault party’s insurance company. Colorado operates under a fault-based system, meaning the driver responsible for the accident (and their insurer) is liable for damages. Your claim will include a demand letter outlining:
- A summary of the accident.
- Proof of the other party’s negligence.
- A breakdown of damages, including medical costs, lost wages, pain and suffering, and property damage.
Click to contact our personal injury lawyers today
Tell us about your case
What Should You Do if a Motorcycle Accident Settlement Offer Is Too Low?
If the insurance company offers a settlement that doesn’t cover your damages, don’t feel pressured to accept it. If the offer is insufficient, you can formally reject it in writing, detailing why the amount is inadequate and presenting evidence to support a higher demand. This rejection keeps negotiations open and demonstrates your commitment to fair compensation.
Our personal injury lawyers handle these negotiations for our clients, ensuring your interests are protected and pushing for a settlement that reflects the full extent of your injuries and losses.
What if Your Motorcycle Accident Claim Is Rejected?
If your motorcycle accident claim is rejected, don’t panic. Rejection of your claim doesn’t mean your case is over. Insurance companies may deny claims for various reasons, many of which our legal team can address.
We can review the denial letter to understand the insurer’s reasoning. From there, we can appeal the decision by presenting additional evidence, negotiate further, or file a lawsuit if necessary.
303-777-1000
Matlin Injury Law can help you get the compensation you deserve.
Contact Our Colorado Motorcycle Accident Lawyers for Help Recovering Compensation
Navigating a personal injury claim after the trauma and pain of an accident can quickly become overwhelming. At Matlin Injury Law, our lawyers have over 50 years of combined experience and can work with you to get the money you need, no matter how long your motorcycle accident claim takes to settle.
We can handle filing paperwork, negotiating with insurance companies for a fair settlement, gathering evidence to support your claim, and, if necessary, representing you in court. Call us today for a free consultation about your case.
Call or text 303-777-1000 or complete a Free Case Evaluation form
Tell us about your case