Questions + Answers About

Motorcycle Accidents

How long do I have to file a claim after a motorcycle accident?

The statute of limitations is a time limit established by the laws of Wisconsin, and it determines how long you have to file a lawsuit. The statute of limitations varies depending on the details of your motorcycle accident, so we recommend you pursue your case immediately.
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Whose insurance has to pay for my property and medical bills if I am injured in a motorcycle accident?

If you are injured in a motorcycle accident that is not your fault, the other driver and their insurance company are responsible for expenses that may result from the collision, including property damage, medical bills, lost income or pain and suffering.
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Do I still have a claim if my health insurance paid my medical bills after a motorcycle accident?

Those injured in a motorcycle accident are entitled to the full value of their medical treatment. This includes the actual cost of the treatment, not just their copay or deductible. Oftentimes, insurance carriers attempt to reduce damages by offering to pay only “out of pocket” expenses, which leaves the injured person less than whole.

While your health insurance carrier has to pay for your medical expenses, they also have the right to be paid back. This is generally referred to as subrogation.
Keep in mind that you may be entitled to more than medical expense reimbursement. Punitive damages such as pain and suffering, emotional distress, lost wages and more are often part of personal injury cases.
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What if a person dies from motorcycle accident injuries before bringing a lawsuit?

If a person dies as a result of a motorcycle accident, it can become a wrongful death case. Spouses, parents, children, siblings and grandparents may have a wrongful death claim, and the relationship with the deceased will dictate priority. The types of damages that can be sought depend on this relationship and can include financial support that a survivor would have received, value of household services that would have been provided by the deceased, loss of companionship, affection, love, care, comfort and society, loss of consortium (sexual relations) for the surviving spouse, as well as funeral and burial expenses.
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A car cut me off on my motorcycle and then drove away. Do I have a case?

Yes, if another driver's negligence causes a motorcycle to crash, the driver can still be liable for the motorcycle rider's injuries and property damage — even if there is no collision.
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I was involved in a motorcycle accident, what should I do?

Wisconsin law requires the driver of any vehicle involved in an accident resulting in personal injury, death or property damage to remain at the scene of the crash. You should call the police, exchange information and record contact information for any witnesses.

Immediately after leaving the scene of a motorcycle accident, you should see a doctor and get medical treatment for any injuries. Be proactive about receiving a proper diagnosis and adequate treatment.

The next step is opening a claim with your motorcycle insurance carrier, as well as the other driver’s insurance company. If you have been injured, seek the representation of an attorney before providing a statement to another party.

Lastly, contact Gingras, Thomsen & Wachs for a review of your case. Our personal injury attorneys specializing in motorcycle accidents will review your situation and recommend next steps, which may include legal action.
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