Bicyclists are vulnerable to severe injuries in accidents, often due to a negligent driver’s careless or reckless actions. After a bicycle accident, it’s important to know how long you have to file a claim.
Under Washington RCW 4.16.080, a bicycle accident claim falls under personal injury law, allowing up to three years to file a claim under the state’s statute of limitations.
Why Is There a Statute of Limitations for Washington Bicycle Accident Claims?
Like other states, Washington places a limit on the amount of time after the injury the victim has to file a lawsuit in court. This time limit means that the investigation, documentation of evidence, and negotiations with the insurer for a settlement must take place within three years of the injury. If the insurance company fails to offer an acceptable settlement, the bicycle accident victim may choose to pursue action against them in court. Fortunately, only about 4% of cases go to court, but if so, the injury victim’s attorney must file the lawsuit petition before the three-year statute of limitations expires. A court will refuse to hear a case filed after the deadline. Insurance companies understand this and will not honor a claim made after the statute of limitations expires. They may also delay progress on a case to intentionally push it closer to the deadline, anticipating that the injury victim may accept a low settlement offer before the deadline.
Understanding the Benefits of Washington’s Statute of Limitations for Bicycle Accident Claims
The statute of limitations helps ensure that evidence remains available should the case go to court. Eyewitness testimony to an accident is more reliable when the witness testifies within three years of the accident.
The time limit not only benefits the injury victim by ensuring the availability and reliability of evidence, but it also protects defendants from the long-term threat of lawsuits.
Are There Exceptions to the Deadline to File a Bicycle Accident Claim?
The three-year statute of limitations for bicycle accident claims in Washington is more generous than that of most states, which have two-year time limits. Still, there are limited circumstances under which the court may extend, or toll, the three-year statute of limitations. Common examples of extended deadlines in bicycle accident claims include the following:
- If the injury victim discovers an injury later, such as a backache diagnosed as a compression fracture a month after the crash, the statute of limitations begins on the date of discovery under the delayed discovery rule
- If the bicycle accident was a hit-and-run, the state may begin the time limit on the date the driver is apprehended
- If a child suffers a bicycle accident injury in Washington, they have up to two years from their 18th birthday to file a claim
Finally, the court may extend the deadline for a bicycle accident victim who was unconscious or incapacitated for a significant period after the accident. In these cases, the time limit begins on the date of their cognitive recovery.
Timing a Bicycle Accident Claim In Washington
A Lake Stevens personal injury attorney can tell you how the statute of limitations impacts your case under the unique circumstances of your bicycle accident. Timing your claim is a critical aspect of a successful financial recovery. For instance, sometimes an insurance company reaches out quickly to a bicycle accident victim with a low settlement offer. These are often intentionally offered before the injury victim knows the full extent of the damages they are facing for their medical expenses and lost earnings.
It’s advantageous to hire an experienced Lake Stevens bicycle accident lawyer before accepting an early settlement offer, while also avoiding delaying too long to file your claim. An attorney can help you to know what to expect for the timeline of your case.