Why is my Car Accident Settlement Taking So Long?

Car Accident Claims Take Time

For accident victims, the process of recovering damages can be involved and time-consuming.

Unfortunately, there is no fixed timeline, and all cases differ.

While it can take time, most personal injury cases settle before going to trial. Obtaining a fair settlement for injuries sustained in an accident involves several steps. Typically, the insurance company starts with a lowball initial offer, and only after intense negotiation with your attorney do you arrive at a fair and reasonable settlement.

So, not only will the settlement amounts for personal injury cases differ from case to case, but so will the length of the settlement process. If you’re struggling to pay bills while waiting for your settlement, we can help. Uplift Legal Funding offers lawsuit loans for car accidents to plaintiffs nationwide.

Trial

Most motor vehicle accident cases are settled before going to trial.

Most personal injury attorneys advise you against taking a case to trial for these reasons:

1. An experienced attorney will have an accurate idea of the cost of your injuries, both in terms of medical treatment and other damages. Most attorneys do not require the input of a court to determine a fair value for your case.

2. Juries are unpredictable by nature. Some jurors might find it difficult to remain objective in a personal injury case like a car accident. Sometimes, jurors who have been involved in a car accident might be more sympathetic toward you, but you could find they relate more to the defendant. Court proceedings are costly, and attorneys will try to achieve an out-of-court settlement rather than relying on the whims of a jury.

If one of the parties refuses to settle, the case will go to trial. The timeline varies from case to case. Most cases that go to trial take at least one year to conclude from the date of the accident.

Problems with Your Case

Various problems with your case can also lead to delays in the settlement process.

Sometimes, proving that the other driver was completely at fault can be challenging, especially if fault is disputed after the accident. Your attorney may need time to establish liability.

Even when liability is clear, it still needs to be proven. Negligence is the most common legal ground for liability and is defined as failing to behave with the level of care expected from someone exercising ordinary prudence in the same situation.

To establish negligence on the part of the other party, you must prove that:

• The liable party owed a duty of care. The duty of care in this context is often a simple obligation to operate a vehicle in a safe, lawful manner. Often, liability does not rest entirely with the other driver; defective auto parts can cause accidents, and in such cases, liability may rest with the manufacturer.
• The other party breached this duty by engaging in reckless or careless actions rather than exercising reasonable care. This could include driving while texting or driving under the influence.
• The breach of care caused the accident and resulted in your injuries. Only a breach of care that leaves you injured leads to legal liability.

In some cases, the insurance company may refuse to accept the evidence you present, which will prolong the settlement process. If negotiations stall, your attorney may be forced to file a lawsuit and take your case to trial.

Substantial Settlement

Most low-value settlements will take less time to resolve than higher-value settlements.

For personal injury cases where damages amount to only a few thousand dollars, your attorney may be able to achieve a fair settlement in a few weeks without needing to engage in vigorous negotiation. A swift settlement means you can get the compensation you deserve without needing to resort to pre-settlement funding.

If injuries are severe and likely to lead to permanent disability, as well as serious inconvenience, pain, and suffering, the compensation award will be correspondingly higher. When damages are higher, the insurance company will more closely scrutinize the claim. High-value settlements almost always involve some degree of resistance from the insurer. It takes time to respond to concerns and counterarguments raised by the insurance provider, especially if the claims adjuster is attempting to excuse the company from all or part of its liability.

You can also assume that with high-dollar-value cases, the insurance company will fight the case as if it is going to trial rather than almost immediately entering negotiations. This is likely to prolong the settlement process and could ultimately result in your case going to trial.

[LEARN MORE]: Will My Insurance Pay For Car Repairs After A Crash?

Time to Recover a Settlement

Your attorney cannot determine the value of your case if you are still recovering from injuries sustained in the accident. You need to reach MMI (maximum medical improvement) before you can establish the true value of your case.

In cases involving severe car accident injuries, a claim could take months to settle—sometimes even years. Your attorney can make a claim to ensure you receive the medical treatment you need.

Other factors that can delay the issuance of your settlement include:

• Releases that must be signed and notarized before the check is ordered by the claims adjuster
• How long it takes for the accounting department at the insurance company to issue the check
• How long it takes to mail the check
• The bank’s hold on the settlement check
• Delays for the insurance company to directly reimburse medical providers
• How long it takes for the check issued to your attorney to clear
• What type of entity is responsible for paying your settlement (claims against government entities often take longer than those against insurance companies)

[LEARN MORE]: Why Is My Car Accident Settlement Taking So Long?