Why Is My Car Accident Claim Taking So Long?
If you are involved in a car accident and the other motorist was at fault, you will likely be entitled to financial compensation for the injuries and property damage caused by the accident. However, the claims process can be time-consuming, particularly if your injuries are severe and require extensive medical treatment. While it may be tempting to accept an insurance company’s initial settlement offer, particularly when it seems like a significant amount of money, it is crucial that you recover the maximum compensation you deserve. In Georgia, the timeline for reaching an insurance settlement depends on a range of factors and varies from case to case. An experienced car accident lawyer will address any questions or concerns you may have about your claim and pursue the maximum financial compensation you deserve.
What Are the Steps Involved in a Car Accident Claim?
Before you even file a claim, it is crucial that you take the following steps in the moments following the accidents. This will ensure that the necessary evidence is preserved and that you receive immediate medical attention for your injuries.
- Call 911. If you are physically able to do so, call 911 to report the accident and request an ambulance if you or any other passengers suffer serious injuries.
- Seek immediate medical attention. Even if your injuries seem relatively minor, it is imperative that you are examined by a medical professional so that your injuries can be properly diagnosed and treated. If you fail to seek medical attention, this will have a negative impact on your claim.
- Take pictures. Collect as much evidence from the accident scene as possible, including pictures of your injuries, the damage to your vehicle, debris or skid marks on the road, and any other evidence that can support your claim.
- Exchange information. Exchange contact information, driver’s license numbers, and insurance information with the other motorists involved in the accident.
- Talk to witnesses. If there were witnesses who saw the accident happen, ask if they would be willing to provide a statement and get their contact information.
Once you have taken these steps, it is highly recommended that you contact an experienced car accident lawyer who will help you navigate the following steps involved in the claims process:
- Draft a demand letter. Your car accident lawyer will draft a demand letter to the insurance company, which will include your claim account, the injuries you suffered from the accident, and the financial damages you are pursuing. The settlement process officially begins when the demand letter is sent.
- Response and review. Once the insurance company has received the demand letter, they have 15 days to file the claim. The insurance company must accept or deny the claim within 15 days of the claim being filed. If the claim is accepted, your car accident lawyer can begin negotiating a fair settlement.
- Settlement negotiations. Oftentimes, insurance companies will present an initial low-ball offer in an effort to save money and avoid a large payout. This process can be time-consuming, but your car accident lawyer will continue to negotiate with the insurance company until the insurance company agrees to a fair settlement. Once both parties agree to the settlement, the insurance company must issue you a check within ten days.
What Factors Can Delay a Car Accident Settlement?
Even if you are able to reach a settlement with little to no obstacles or delays, the process does not happen overnight. However, the following are examples of things that can cause further delays in the settlement process:
- Complexity of the case. Car accident cases that involve multiple parties, particularly severe injuries or disputes about who is at fault for causing the accident, often take longer to reach a settlement.
- Insurance company delays. It is not uncommon for insurance companies to request additional documentation or take their time evaluating the claim, which can delay the process. In addition, if the value of your claim is well below the at-fault driver’s policy limit, the insurance company may find that a jury verdict in your favor will be well below their maximum payout. As a result, they may feel less pressure to settle quickly.
- Legal procedures. If you file a lawsuit against the at-fault driver, this can add a significant amount of time to the case. Depending on the circumstances of the accident and the details of the accident, resolving a lawsuit can take anywhere from several months to a year or more.
- Disputes over who is at fault. If you do not have enough evidence to prove that the other driver was at fault, the insurance company may refuse to make a settlement offer until you collect and present the evidence necessary to prove fault. This may include a copy of the police report, witness statements, video surveillance, or an accident reconstruction report.
- Willingness to settle. If you accept an insurance company’s initial settlement offer in an effort to avoid uncertainty and a time-consuming claims process, you can reach a settlement much sooner, although you may not recover the full damages to which you are entitled.
What If I Am Partly to Blame for the Car Accident?
Georgia is a comparative negligence state, which means that you can still recover damages if you were partly to blame for causing the accident. However, your total damages will be reduced by the percentage of your share of liability. In addition, if you were 50 percent or more at fault, you would be unable to recover any damages.
The Springfield Car Accident Lawyers at Kicklighter Law Help Clients Navigate Car Accident Claims in a Timely Manner
If you or a loved one was seriously injured in a car accident, it is highly recommended that you contact the Springfield car accident lawyers at Kicklighter Law as soon as possible. We will review the details of your case, determine who is responsible for causing the accident, and assist you with every step of the claims process. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.