If you were injured in a bicycle collision caused by a negligent driver, you are entitled to compensation for your injuries. When pursuing your claim with their insurance company, it is important to understand the steps you need to take to build a strong case, mistakes to avoid, and important laws that apply to your claim.
One crucial law you need to know is the statute of limitations, which is the deadline you have to sue, that applies in your case. If you fail to file your lawsuit under this time period, you could ruin your case.
What Is the Deadline to File the Bicycle Crash Lawsuit?
You have a short time to file your bicycle accident complaint in Virginia. The time period is slightly different for a claim for your personal injuries than a wrongful death lawsuit filed because a loved one died.
Time Periods to File a Civil Complaint After a Bicycle Accident
- Personal injuries. You have two years from the date of your bike crash to file a lawsuit for the injuries you suffered in the accident.
- Wrongful death. You have two years from the date of the death of your family member, which could be different than the date of their bicycle crash, to file a civil complaint.
- Property damage. You have a much longer time to file a property damage complaint. You would have five years from the date of the accident to file your lawsuit.
What Happens If You Miss the Statute of Limitations to File Your Complaint?
If you miss the deadline to file your lawsuit, the consequences would be harsh. The insurance company would file a motion to dismiss your complaint. The judge would most likely grant their motion and dismiss your case. You would be barred from pursuing your right to compensation in court.
While there is no statute of limitations to filing a claim with the insurance company, the reality is that they would refuse to pay your claim if you file it or try to settle it after the statute of limitations expired. They would have no incentive to pay you because they would know that you could not successfully sue their insured.
Even if you have plenty of time to file a bicycle crash lawsuit, you should not wait to retain an experienced car accident attorney. They will have an easier time helping you settle your claim for the maximum amount you are entitled to if you contact them soon after your collision. To learn about your rights and how we can assist you, contact us online or call our office at 877-960-3441 today to schedule your free initial consultation.