How Long Do I Have to File a Motorcycle Accident Claim in West Virginia?

September 30, 2021

If you or someone you care about sustains an injury in a motorcycle crash caused by the actions of another driver in West Virginia, you should be able to recover compensation for your injuries and property damage. However, securing this compensation can be challenging. It is important for crash victims in these cases to understand that they have a limited amount of time to file a lawsuit. Here, we want to discuss the West Virginia motorcycle accident statute of limitations as well as various deadlines put in place by insurance carriers.

The Insurance Carriers Have Strict Deadlines

The first thing to keep in mind when it comes to motorcycle accident claims in West Virginia is that insurance carriers have fairly strict reporting deadlines. In fact, most insurance carriers require that accidents get reported within a day or two after the incident occurs.

If a motorcycle accident victim fails to promptly file a claim with their insurance carrier, there is a chance that the claim could be delayed significantly or even denied altogether. This can be detrimental when it comes to recovering compensation for medical bills, property damage expenses, lost wages, and more.

Even if a motorcyclist thinks that they were not at fault for the incident, they need to report the claim to their insurance carrier as soon as possible. Their insurance carrier can begin the claims process, which will include contacting the other driver’s insurance carrier.

The West Virginia Personal Injury Statute of Limitations

The next deadline that motorcycle accident victims need to be aware of is the personal injury statute of limitations in West Virginia. This is a law passed by the state legislature that dictates how long injury victims have to file lawsuits in civil court.

The West Virginia personal injury statute of limitations is two years from the date an injury occurs. If a motorcycle accident victim fails to file a lawsuit within this two-year time frame, they will lose the ability to recover the compensation they are entitled to. Even though two years may seem like a long time, the reality is that this time frame can evaporate very quickly, particularly when a motorcycle accident victim is preoccupied with the insurance claim, any delays, and recovering from their injuries.

Working With an Attorney

If you or somebody you love has been injured in a motorcycle accident caused by another driver in West Virginia, you need to contact an attorney as soon as possible. The reality is that these claims can become incredibly complicated, but the time frames involved are much quicker than most injury victims realize. When a Martinsburg motorcycle accident attorney helps with your case, they will understand all of the guidelines in place, including the ones placed by the insurance carriers as well as the statutory timeframes.

Motorcycle accident victims will typically be entitled to various types of compensation if another driver caused the incident. This can include coverage of medical bills, lost income, property damage expenses, pain and suffering damages, and more.


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