How long do I have to file a motorcycle accident claim?
In Washington, the statute of limitations is three years after the date of the motorcycle crash for initiating filing a claim. After three years, the right to file the claim is waived and you are no longer able to receive compensation if you are found to be at fault or partially at fault for the accident. This three-year statute of limitation is often referred to as the “discovery rule” and applies to most personal injury claims involving motor vehicles, including motorcycles. In the event of a fatal motorcycle accident, Washington state law gives family members the right to sue for damages up to three years after the date of the accident. Furthermore, some claims against the government, such as those involving road design or traffic signals, have different and/or longer statutes of limitation. It is also important to note that filing a claim does not necessarily mean a lawsuit will be filed. A claim or demand letter is the first step of the negotiation process and is often used to inform the other party of your intentions to pursue a claim, the amount of compensation being sought, and the basis of your legal rights. If an agreement cannot be reached, a lawsuit can be filed within the applicable statute of limitations, which again is three years in Washington. Most importantly, if you are involved in a motorcycle accident, you should seek medical attention as soon as possible to ensure you receive proper treatment for any injuries, and contact an experienced motorcycle accident attorney as soon as is practicable to review your available options.
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