Yes, you can sue someone personally after a motorcycle accident. Under civil law, you have the right to file a lawsuit against anyone who causes you harm. This is true even if insurance companies are involved. If you are considering filing a lawsuit, you can contact a law firm for legal advice and hire a lawyer to represent you.
The California Department of Insurance has guidelines for how insurance companies operate, but they can be difficult to deal with. Hiring a lawyer can make filing and managing your lawsuit, as well as dealing with the insurance companies, easier to manage.
Statute of Limitations
In California, you can file a lawsuit after a motorcycle accident. There is a limited time for you to file your lawsuit called the statute of limitations. There are two statutes that you need to be aware of. According to the California Code of Civil Procedure (CCP) §335.1, you have two years to file personal injury claims, and according to the CCP §338, you have three years to file property damage claims. If either statute has not expired, your lawyer can file all the claims at the same time. However, you can file property damage claims after the personal injury claims have expired.
Suing someone can feel like a big decision, and there may be mitigating factors as to why you wait to start the lawsuit. However, if you wait too long, and you cannot get your lawsuit filed before the deadline, you could miss your chance to collect compensation. The case may be dismissed on technical grounds before you even get to argue your case. Try to start the process as soon as possible to avoid this outcome.
Filing a Lawsuit
Once you decide to file a lawsuit, you may want to consult with a lawyer to see how this process can be done. Hiring a lawyer means the lawyer will handle the legal procedures for you, which can reduce the chances of having any problems.
After the lawsuit is filed, you will wait for a court date so that your case can be argued in court. During this time, the other party might offer you a settlement agreement. If you accept that agreement, your lawsuit ends immediately, and you will no longer have to wait to go to trial. That also means you accept the terms of the agreement, which could reduce the compensation you could have won in a trial.
Alternatively, collecting that compensation sooner may give you faster relief for your financial obligations. You can discuss the benefits and drawbacks with your lawyer to see which choice is best in your case.
Understanding Your Rights
You have the right to file a lawsuit against anyone who hurts you. Whether that means they caused physical injuries, property damage, or other types of damage, you can file a civil lawsuit to claim the costs of your recovery. Insurance companies may be involved, but that does not negate someone’s ability to file a lawsuit. It just means the insurance company may be trying to come up with a resolution for your lawsuit.
Possibly Recoverable Compensation
The goal of your lawsuit is to recover financial compensation from the liable party. This means that you can file claims for nearly any expenses related to your accident. For example, your damaged motorcycle needs to be repaired or replaced, and you can claim the costs to repair or replace it. You can also claim the costs of repairing or replacing your riding gear damaged in the accident.
Motorcycle accidents tend to result in more severe injuries that can take a long time to recover from. If you are seriously injured and develop a long-term injury or disability, you might need ongoing medical care. The cost of that care can pile up quickly and generally pushes victims toward filing lawsuits.
Your option is to file a civil lawsuit, which only collects financial compensation from the other party.
Call to Schedule a Free Consultation
If you are injured in a motorcycle accident, you might be able to sue someone personally after a motorcycle accident. If you are interested in exploring your legal options, you can discuss your case with an attorney who can advise you on what actions to take next. Call Pintas & Mullins Law Firm at (800) 223-5115 to schedule a free consultation with a team member today.