Injuries are usually inevitable when a vehicle crashes into your motorcycle on a Las Vegas street. Naturally, you want to know if and when the responsible driver’s insurance company will settle your claim. You want definitive answers, but unfortunately, it often takes a while before you know what you need to know.
These and other critical issues usually affect your motorcycle accident settlement timeline.
No two claim settlement timelines are alike. The timeframe for settling your claim is mainly contingent upon you, your injuries, and your recovery. You’ve likely endured multiple trauma as a motorcyclist, requiring extensive treatment, long-term recovery, and ongoing rehabilitation. It makes sense to delay any settlement talks until you’re close to maximum recovery.
It sometimes takes months or even years before victims of motorcycle accidents reach a point where they consider settling their claims.
When motorcycle injuries are severe or catastrophic, they usually take a long time to heal. Until you recover, insurers and attorneys can only speculate about your claim’s settlement value. You can attempt to settle your case early, but you can’t predict if an early settlement will give you enough money to pay for your future care.
Medical experts will speculate about your potential for future disabilities and medical costs. You can pay an economic expert to project your future income losses. You alone understand your non-economic losses, but you can’t predict how they will affect you in the future.
Liability issues sometimes obstruct or delay motorcycle accident settlements. Car and truck drivers often question their negligence when they crash into a biker for several reasons. The National Highway Transportation Administration (NHTSA) addresses some of the issues that contribute to this problem:
Until you resolve the liability issues, a liability insurance company won’t negotiate a settlement that considers all of your damages. When the liability issues are profound, it often takes litigation to motivate a fair compensation.
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When you reach your statute of limitations, you must decide how to proceed. If your accident occurred in Las Vegas, Nevada Revised Statutes (NRS) §11.190 provides a two-year statute of limitations. Within two years of your accident, you must settle your claim or file a suit, or you lose your right to make a claim.
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Even if you resolve the liability issues and your recovery is complete, it doesn’t mean the liability insurer will negotiate fairly. As minimizing losses is an insurance company’s primary goal, they try to settle your claim for as little as possible. If your claim involves severe or catastrophic injuries, negotiations often reach a stalemate for several reasons:
Sometimes the negotiating parties agree on some issues but not on others. They might agree that their insured is somewhat responsible for your accident but not 100% liable. They might disagree that your injuries are as severe or catastrophic as you claim.
When these conflicts remain unresolved, you often must file a lawsuit to protect your legal rights. Fortunately, the Clark County Judicial system offers three alternative dispute resolution options to move your case forward:
A court-appointed mediator hears the evidence and renders a decision. In most cases, arbitration is nonbinding.
You don’t have to accept the decision unless both parties agree. Arbitration can also be binding where parties agree to accept the results ahead of time.
This is a system of facilitated negotiation. The parties, their legal representatives, and any insurers negotiate with the help of a trained mediator. This process doesn’t always lead to settlement, but it often paves the way for future cooperation.
Clark County allows disputing parties to resolve their civil cases in an expedited trial. The system incorporates methods that control the trial length.
Motorcycle accidents often involve complex liability and damage issues. You need a personal injury attorney to protect your legal rights from day one. At Pacific West Injury Law we deal with insurers, investigators, and attorneys. We work hard to produce quality, timely results.
Reach out to us on our contact page. We will schedule a free legal consultation so you can learn more about your legal options.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Past results do not guarantee, warrant, or predict future cases. You may have to pay the other side’s attorney’s fees and costs in the event of a loss.
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