How long do I have to file my motorcycle injury claim in Florida?

It depends on whether you're seeking payment through an insurance company or filing a Florida injury lawsuit for your motorcycle crash.

Since Florida is a no-fault insurance state, most injury victims will only be eligible for compensation through their insurance policies. This system allows victims to get payment for injuries and property damage without the need to file a lawsuit.

While the time for reporting an accident varies from policy to policy, it's a good idea to report an accident as soon as possible. Many insurers have 24-hour accident claim phone lines or allow online reporting to begin claims processing to begin immediately.

motorcycle_crashIf the accident resulted in permanent injury, disability, or scarring or disfigurement, Florida accident victims are allowed to step outside of the no-fault system and file an injury lawsuit.

However, there are still limits on how long a victim can wait before making a claim.
 

Statute of Limitations on Florida Motorcycle Injury Cases

Each state imposes different deadlines for the filing of a lawsuit, called the statute of limitations. After this time limit has run out, a court can refuse to hear the case, and the victim won't have a chance to be heard, no matter how compelling the case or how serious his injuries are.

In Florida, the statute of limitations for car accident cases depends on whether a victim sustained:

  • Injuries. Any driver, passenger, motorcycle rider, bicyclist, or pedestrian is required to file a lawsuit within four years of the date of the accident to be eligible for compensation. This deadline applies to compensation for injury costs as well as damage to vehicles or personal property.
  • Death. If a driver, passenger, motorcycle rider, bicyclist, or pedestrian was killed as a result of the accident, his or her family members have two years to bring a wrongful death case against the at-fault party. The two years may start on the date of the accident or the date of the person’s death.

While you may have several years to file an accident case in court, evidence in the case is lost with each passing day after the crash. For this reason, it's best to speak to an experienced Florida motorcycle accident attorney about your options as soon as possible. Fill out the quick contact form on this page to tell us your story for a confidential consultation.