How Long Do I Have to File a Claim for My Motorcycle Accident in California?
After a motorcycle accident in California, time matters. Between medical treatment, motorcycle repairs, missed work, insurance calls, and physical pain, it can be easy to put the legal side of your case on hold. Unfortunately, waiting too long can put your right to compensation at risk.
In most California motorcycle accident cases, you have two years from the date of the accident to file a personal injury lawsuit. This deadline is known as the statute of limitations. However, some cases have much shorter deadlines, especially if a government agency may be responsible for the crash. Understanding which deadline applies to your case is one of the most important steps you can take after a motorcycle accident.
At Banner Attorneys, we help injured motorcyclists in Fontana and throughout California understand their legal options, protect their claims, and pursue the compensation they may be entitled to after a serious crash.
The General Deadline for California Motorcycle Accident Claims
For most motorcycle accident injury claims in California, the statute of limitations is two years from the date of the accident. This means that if another driver caused your crash, you generally have two years to file a lawsuit against the at-fault party.
This deadline usually applies to claims involving:
- Negligent drivers
- Distracted driving accidents
- Speeding-related crashes
- Unsafe lane changes
- Left-turn motorcycle accidents
- Rear-end collisions
- Drunk or impaired driving crashes
- Rideshare or commercial vehicle accidents
- Wrongful death claims after a fatal motorcycle accident
Even though two years may sound like plenty of time, motorcycle accident cases often require significant investigation. Evidence can disappear quickly, witnesses may become harder to reach, and insurance companies may begin building their defense almost immediately. The sooner you speak with an attorney, the easier it may be to preserve important evidence and avoid mistakes that could weaken your case.
Is Filing an Insurance Claim the Same as Filing a Lawsuit?
No. Filing an insurance claim is not the same as filing a lawsuit.
After a motorcycle accident, you may file a claim with the at-fault driver’s insurance company, your own insurance company, or both. That insurance claim may lead to settlement negotiations. However, if the insurance company refuses to offer a fair settlement, you may need to file a lawsuit before the statute of limitations expires.
This is where many injured riders run into trouble. Insurance negotiations can drag on for months. An adjuster may sound cooperative, request more records, or say the company is “still reviewing” your claim. But settlement talks do not automatically stop the legal deadline from running. If the statute of limitations expires before a lawsuit is filed, the insurance company may have little incentive to pay your claim.
That is why it is important to know your filing deadline even if you are already communicating with an insurance company.
What If a Government Entity Was Involved?
Some California motorcycle accident claims have a much shorter deadline. If your accident involved a government agency, public employee, or dangerous public road condition, you may need to file a government claim within six months of the accident.
This shorter deadline may apply if your motorcycle accident involved:
- A city, county, or state vehicle
- A public bus or government-owned vehicle
- A poorly maintained public road
- Dangerous road design
- Missing or damaged traffic signs
- A malfunctioning traffic light
- Unsafe construction zones
- Debris or hazards on a public roadway
For example, if a rider crashes because a public road in Fontana had a dangerous pothole, poor signage, or unsafe lane design, the case may involve a government entity. In that situation, the injured motorcyclist may need to take action much sooner than the standard two-year deadline.
Government claims are highly technical. Missing the six-month deadline can make it much harder, and sometimes impossible, to pursue compensation. If there is any chance that a public agency contributed to your motorcycle accident, it is best to speak with an attorney as soon as possible.
What If I Lost a Loved One in a Motorcycle Accident?
If a motorcycle accident results in death, surviving family members may be able to file a wrongful death claim. In many California cases, the deadline for wrongful death claims is also two years. However, the exact deadline may depend on the facts of the case, including when the death occurred and whether a government entity was involved.
Wrongful death claims may allow eligible family members to pursue compensation for losses such as funeral expenses, loss of financial support, loss of companionship, and the emotional impact of losing a loved one. Because these cases are often legally and emotionally complex, families should not wait to get legal guidance.
Why You Should Not Wait Until the Deadline Is Close
Even when you technically have two years, waiting can hurt your motorcycle accident claim. Strong injury cases are built on evidence, and evidence is often strongest immediately after the crash.
Important evidence may include:
- Police accident reports
- Photos and videos from the scene
- Traffic camera footage
- Dashcam footage
- Witness statements
- Medical records
- Motorcycle damage documentation
- Helmet and protective gear evidence
- Skid marks, debris, and roadway conditions
- Cell phone records in distracted driving cases
- Expert accident reconstruction analysis
Over time, video footage may be deleted, damaged vehicles may be repaired or destroyed, and witnesses may forget key details. Insurance companies may also use delays against you by arguing that your injuries were not serious or were caused by something other than the accident.
Taking quick action helps protect both your health and your claim.
Do I Need to Report My Motorcycle Accident to the DMV?
In California, certain accidents must be reported to the DMV within 10 days. This requirement generally applies when someone is injured or killed, or when the crash caused more than $1,000 in property damage.
This DMV report is separate from an insurance claim and separate from a police report. Failing to report a qualifying accident can create additional problems, including potential license issues. Because motorcycle crashes often involve injuries or significant property damage, many riders are required to submit this report.
What If I Was Partially at Fault?
You should not assume you have no case just because someone says you were partially responsible for the accident. California follows a comparative fault system, which means an injured motorcyclist may still be able to recover compensation even if they are found partly at fault.
For example, if another driver made an unsafe left turn but the insurance company claims you were speeding, fault may be disputed. Your compensation could be reduced by your percentage of responsibility, but you may still have a valid claim.
Insurance companies often try to blame motorcyclists unfairly. They may rely on stereotypes about riders being reckless or speeding, even when the evidence does not support that claim. An attorney can help investigate what really happened and push back against unfair blame.
What Compensation Can Be Included in a Motorcycle Accident Claim?
A California motorcycle accident claim may include compensation for both economic and non-economic losses. Depending on the severity of your injuries, your claim may include:
- Emergency medical care
- Hospital bills
- Surgery
- Physical therapy
- Future medical treatment
- Lost wages
- Loss of earning capacity
- Motorcycle repair or replacement
- Pain and suffering
- Emotional distress
- Permanent disability
- Scarring or disfigurement
- Loss of enjoyment of life
Motorcycle accident injuries are often serious because riders have far less protection than occupants of passenger vehicles. Injuries may include broken bones, spinal cord injuries, traumatic brain injuries, road rash, internal injuries, nerve damage, amputations, and long-term mobility limitations.
Talk to a Fontana Motorcycle Accident Lawyer as Soon as Possible
If you were injured in a motorcycle accident in California, the safest approach is to act quickly. While many cases have a two-year filing deadline, some claims require action in as little as six months. Waiting too long can limit your options and give the insurance company an advantage.
Our Fontana motorcycle accident attorney understands how devastating motorcycle accidents can be. We help injured riders and their families pursue accountability after serious crashes caused by negligent drivers, unsafe road conditions, and other preventable hazards.
If you have questions about your motorcycle accident deadline, your insurance claim, or whether you still have time to file, contact Banner Attorneys today for a free consultation.
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“I cannot say enough about Brian Banner and his law firm! He took such great care of us. I would highly recommend Brian and his law firm for anyone that has been in an accident.”
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