If you were involved in a motorcycle accident in New York, it’s crucial to act quickly. In addition to focusing on your recovery, you should know there’s a legal deadline for filing a personal injury claim. Many motorcyclists lose their right to compensation simply because they didn’t act in time.
At Proner & Proner, attorneys specializing in motorcycle accidents in New York, we explain in detail how much time you must file a claim, the consequences of missing the deadline, and how to protect your rights from day one.
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What Is the Statute of Limitations for Motorcycle Accidents?
The statute of limitations is the legal time limit you must file a personal injury lawsuit after an accident. This period starts counting from the date of the accident. If you don’t file your claim within the allowed time frame, you could lose your right to seek financial compensation, no matter how serious the accident was.
Document the motorcycle accident right away
In motorcycle accidents, collecting evidence can make all the difference. If your physical condition allows:
- Take photos of the motorcycle, the accident scene, traffic signs, your injuries, and any visible damage.
- Get the names and phone numbers of any eyewitnesses.
- Request the information of the other driver involved: name, license plate number, and insurance details.
All this documentation is crucial for your case with the insurance company or in a motorcycle accident lawsuit.
With 30 years of experience winning top settlements, we know how to deal with insurance companies and the legal system. You’re in the best hands with us.
Time Limits to File a Motorcycle Accident Claim in New York
Time frames vary depending on the type of claim. Here are the most common:
- Personal injuries from a motorcycle accident
- You have up to 3 years from the date of the accident to file a personal injury lawsuit.
- Medical malpractice related to treatment after the accident
- If you suffered medical negligence, you have 2 years and 6 months to file a lawsuit from the moment the error occurred or was discovered.
- If the accident involved a government vehicle
- You must formally notify the government within 90 days.
- The lawsuit must be filed within 1 year and 90 days from the date of the accident.
- Work-related motorcycle accident (e.g., delivery drivers)
- You must notify your employer within 30 days.
- The workers’ compensation claim must be filed within 2 years.
Each case can have unique factors. The safest course of action is to consult a lawyer specialized in motorcycle accidents as soon as possible.
What Happens If You Don’t File Your Claim on Time?
Missing the legal deadline can mean losing everything:
- Your case may be automatically dismissed by the court.
- The insurance company won’t be required to pay you.
- Even if the accident was someone else’s fault, you could lose all rights to compensation.
Get Advice From An Experienced Personal Injury Lawyer
All You Have To Do Is Call 212-986-3030 To Receive Your Free Case Evaluation.
Why You Should Act Quickly After a Motorcycle Accident
- Evidence can disappear.
- Witnesses, surveillance footage, and medical records are easier to obtain if action is taken early.
- Insurance companies use delay tactics.
- They may try to stall the process, so the legal deadline passes.
- An attorney can act immediately.
- From the very first contact, your lawyer can help you gather evidence, file the claim, and meet the legal deadlines.
We return our clients’ phone calls. We are available 24/7, 365 days a year. I give out my personal cell phone number to all my clients, and I tell them they can feel free to contact me at any time. That’s what makes us different.
What Compensation Can You Receive After a Motorcycle Accident?
If you act within the legal time frame, you may be entitled to:
- Full payment of medical and hospital expenses
- Physical and emotional rehabilitation
- Compensation for lost wages or loss of employment
- Damages for pain and suffering
- Repair or replacement of your motorcycle
Conclusion: The Clock Starts Ticking from the Moment of the Accident
If you were in a motorcycle accident in New York, don’t wait. Filing your claim within the legal deadline is not only required, but also your best chance to recover what you deserve.
At Proner & Proner, we have over 50 years of experience representing injured motorcyclists in New York. We’re ready to help you file your claim properly, defend your rights, and fight for the compensation you deserve.
