Factors That Influence a Car Accident Claim to Take Longer to Settle
When determining how long it will take for a car accident claim to settle, several factors can influence the speed of the settlement. First, you might want to consider hiring an auto accident attorney to assist you during accidents. Often, the Defendant doesn’t have the financial resources to cover the claim, while the medical records and evidence presented by the injured party can all delay the process. Statutes of limitations also play a role. Insufficient evidence or inconsistencies between the parties’ statements can compromise the claim and delay its settlement.
Defendants may lack the necessary resources to pay on a valid claim.
If you have been injured in a car accident, you may be tempted to wait until the Defendant is willing to pay up to collect damages. However, it would help if you considered the statute of limitations. Once this deadline passes, you can no longer collect your damages. Therefore, many attorneys will advise you to file a lawsuit even if the Defendant cannot pay. But, there are costs associated with the litigation process.
The amount of time an insurance company spends investigating your claim will vary. While 1% to 2% of all claims are filed in court, lawsuits are expensive and time-consuming. Even so, most claims will settle before trial. There is a time-consuming discovery phase when a case is filed in court. The process during which attorneys gather information about each other’s claims involves written questions, requests for documents, and depositions.
In addition to analyzing the type of case, insurance companies also try to limit the payout they make. Hence, cases with high value will take longer to settle. Although an insurance company’s goal is to minimize costs, a successful trial can result in a larger payout. Additionally, if a case is a serious injury, the injured person will most likely have to undergo long-term medical treatment. For example, if a plaintiff is seriously injured, they may need long-term medical care and may be permanently disabled. Hence, a case involving a high-value injury will require more legal defense.
One factor that influences a car accident claim to take a long time to settle is the number of medical expenses. It is because the at-fault driver may have been a government employee when the crash occurred. These government employees may have strict requirements for filing notices and periods before they must pay compensation. Hence, this can greatly slow down the settlement process.
It would help if you remembered that the settlement time could range from a few weeks to a couple of months, or even from days to years, depending on the number of medical bills involved. In addition, it is important to remember that medical bills will only be calculated after a patient’s full medical costs are known. This way, if the costs of future medical treatment go above the amount you are entitled to, you will also be compensated for the expenses.
Statute of limitations
The statute of limitations influences a car accident claim to be delayed for some reasons. In Massachusetts, the statute of limitations is three years from the date of the accident. While a claim can be filed at any time, it is best to wait until you are medically stable to file it. Additionally, because you will only have one chance to receive full compensation, it is important to wait until your medical condition has stabilized.
The law is different in each state, but you must contact your state’s Department of Insurance to determine the statute of limitations for your situation. For example, suppose the at-fault driver was working for a government agency at the time of the accident. In that case, you may have to wait for certain notices to be filed or periods to pass before a government agency must pay your claim. If you do not have the proper notice, your claim will be denied, and your case could take much longer to settle than it would otherwise.