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How Much Time do I Have to File a Motorcycle Accident Claim in Ohio?

motorcycle accident claim

From the moment you are injured in a motorcycle accident, the clock starts running on how long you have to file a claim. In Ohio, the Statute of Limitations for a motorcycle accident claim is generally 2 years. If you fail to file suit within that time frame, the defendant (the person you're trying to sue) will almost certainly file a "motion to dismiss", and the Court will reject your case on statutory grounds.

Even if you are horribly injured by a person who was clearly in the wrong; after two years, they can no longer be held responsible through a motorcycle accident claim.

With a few exceptions:

  • In cases where the victim was under 18 years old or 'of unsound mind', the time limit in which they can file a motorcycle accident claim is lifted. The two year time limit starts again, however, once the injured party reaches 18 years old, or is deemed to be sane and responsible.
  • If the defendant "departs from the state" or absconds, or conceals" him or herself within the state of Ohio, the time limit in which to file a motorcycle accident claim does not start again until the person can be located. In other words, if the defendant skips town for a couple of years to avoid taking responsibility for their actions, you have 2 years from the date of their return in which to file a lawsuit.
  • If your Ohio motorcycle accident claim stems from injuries caused by a defective product, a special filing timeline may apply to your case, especially if consumer fraud or a product warranty is involved.

Motorcycle accidents are usually very serious. Due to the lack of protection around a motorcycle rider, accidents can be life-changing. If the victim was lucky enough to survive someone else's mistake on the road, the injuries, pain, loss of livelihood, potential surgeries and rehabilitation can have ripple-effects throughout their entire life.

After a motorcycle accident, it is extremely important to get an experienced, aggressive attorney fighting in your corner. Auto Insurance companies will try to persuade you to settle for a much lower amount than your case is worth - 100% of the time. Their responsibility is to share holders, not to make sure that you receive the medical care and support you need.

At Cowan & Hilgeman, we have successfully handled countless motorcycle accident claims, including cases that other law firms have rejected. To schedule your FREE consultation with our Dayton Personal Injury Attorney, call (937) 222-2030.

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5-Star Reviews
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Abigail Arnett profile picture
Abigail Arnett
43 days ago
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I first reached out 2 months after a car accident where the other party involved did not have insurance. She presented expired insurance to which the police department did nothing about. I was not in the wrong, and I was taken by ambulance after due to injury. I was worried due to the other party not having insurance, and medical bills hitting an all time high. I reached out to Jack and was immediately welcomed and felt like I was being taken care of from the start. I stated my concerns and we reached a conclusion which then started my case. I was spoken to clearly and felt genuinely cared for. Despite all the other lawyers reaching out to me after my accident, I chose to go with Cowan and Hilgeman due to the firms sincerity as well as being taken care of from the very beginning. I am very thankful to everyone I worked/talked with over the past year, and I am grateful we were able to sort everything out. I cannot begin to thank Jack for taking care of me and checking in throughout the case.
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Alisa and William Hurtle profile picture
Alisa and William Hurtle
57 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Jack Hilgeman and the team at Cowan & Hilgeman were great to work with after my car accident. Jack jumped on my case last minute, right when I was up against a deadline and had just gotten a pretty disappointing offer from the insurance company. From there he walked me through everything — the paperwork, negotiations, mediation, all the way to getting it settled — and always kept me in the loop on what was going on. When the insurance company tried to lowball part of my claim, Jack pushed back and fought to get me a fair result. Dawn was also great to work with — she called regularly to keep me updated and on track, and she was really the face of the firm for me throughout the process. Everyone there was quick to respond and patient with all my questions. Really happy with how everything turned out — highly recommend Jack and his team.
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Jennifer Born Rachek profile picture
Jennifer Born Rachek
196 days ago
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I reached out with some concerns about potential snow and ice injuries on our business property, and I’m so glad I did. My questions were answered clearly and thoroughly, which really put my mind at ease. I also appreciated how welcoming they were to any follow-up questions—it never felt like I was being a bother. I wouldn’t hesitate to reach out again for professional guidance in the future.
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Angie Seraphinoff profile picture
Angie Seraphinoff
199 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Jack Hilgeman was knowledgeable, responsive, and easy to communicate with throughout the process. He clearly cares about his clients and took the time to thoroughly answer all of my questions. I would highly recommend working with him!
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Barbara Garcia profile picture
Barbara Garcia
200 days ago
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Great communication and explanation to my questions. Appreciate the details and hearing directly from Mr.Hilgerman on the voice memo. Thank you!
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Jess R profile picture
Jess R
203 days ago
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Great advice, very helpful in all of my needs! Highly recommend!
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lynn berry profile picture
lynn berry
204 days ago
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Very satisfied and they worked hard for me and did an exercise job!
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McCall Gorbach Foster profile picture
McCall Gorbach Foster
205 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Mr. Hilgeman provides clear and thoughtful insight, delivered with professionalism and warmth.
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Robert Apfelbeck profile picture
Robert Apfelbeck
206 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Great lawyer response time very fast and very good at what he does jack hilgeman will be my next lawyer if i ever need another one thank you to cowen &hilgeman
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B Lott profile picture
B Lott
206 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I was looking for a lawyer and after so very rude and robotic law firms, I spoke with Jack about my case. He was very professional and personable and actually cared about my situation. I highly recommend his firm!


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