How Long Does it Take to Get Paid in a Car Accident Claim?
In California, a victim of a car accident personal injury claim can expect their claim to be settled over a few months. Still, many won’t see any payments until well over a year. There is such a large time gap between car accident victims and their settlements because the facts of each case are always different. Through experience, the more complicated a claim is, the longer it will take for a claim to settle. Below are some contributing factors that can delay settlement times:
- Complicated and involved evidence.
- Victims’ injuries are severe and require extensive medical treatment.
- More than one party is involved in a car accident.
Some factors can speed up settlement times:
- Clear liability from simple facts.
- Mild injuries.
- The insurer responds quickly to a claimant’s inquiry.
A critical factor in speedier settlement times is the use of an attorney. A car accident lawyer will know how to quickly navigate issues, which means that settlement times are usually quicker. Obtaining a lawyer also means that payouts will be larger than without expertise.
Approximate Settlement Wait times for a Victim of a Car Accident Insurance Claim
After a car accident, the injured party should file a car accident claim with the at-fault driver’s insurance company. This is usually done within 24 hours of when the crash occurred.
Once filed, a claim can take a few months to be reviewed by an insurance adjuster. Since insurance companies aren’t in the business of just handing out money, they may investigate the case and review any evidence that detail injuries and who was at fault. If the case is simple, it can take an adjuster a few months to offer a settlement amount. However, if there is a vast amount of evidence in the case and more than one car involved, an adjuster may take over a year to offer a settlement amount.
- Medical Treatment and Maximum Medical Improvement
One of the major hold ups in settlement offers is understanding the injury to the victim. Without any damages, there is no case. Therefore, victims need to show evidence of their injuries. This is usually done through medical records documenting the type of treatment the victim needs.
Sometimes, these injuries take time to show themselves. Even if the injuries are evidence from the day of the car crash, receiving the required medical treatment can take time. It is in the victim’s best interest to negotiate a settlement only after the victim has completed their medical treatment. Or when a doctor finds that a person’s Maximum Medical Improvement (MMI) has been reached. That means that a doctor is satisfied that a person’s medical condition is stable and will not improve with further treatments.
- Demand Letters
A demand letter sets forth how much the victim believes is a reasonable settlement amount in car accident cases. The demand letter also states why the victim believes a certain amount is far. These letters document the victim’s injuries and it is sent to the insurance company. Demand letters may contribute to longer settlement times.
While in the hands of the insurance adjuster, it is simply a waiting game. Some insurers will respond quickly, while others can take months.
- Fair Settlement Amounts
Aside from the timeliness of payments, another issue that is often important to victims is how much can they expect? A fair settlement should be included in the demand letter. However, what is considered reasonable will depend on the victim’s specific case circumstances. At the very least, car accident settlements should compensate for medical expenses, lost wages, lost earning capacity, property damage, pain and suffering, and out-of-pocket costs.
Suppose an insurance adjuster tries to leave out payment for one of these categories when there is proof. That wouldn’t be fair. It would then take some negotiations, some back and forth with the adjuster to ensure an adequate amount is received. An adjuster should never pressure a claimant to accept a lower settlement offer.
Once a settlement offer is reached, it can take six to eight weeks for the claimant to finally receive an actual settlement check. In return, the injured party must sign a release form. This essentially releases the at-fault party from any liability. The claimant cannot accept a settlement check and start a personal injury suit against the at-fault party.
When insurers prove difficult to work with, obtaining the services of an attorney can help move the claim along in a fair manner.
Contact an Experienced Attorney
California’s car accident attorneys at Castillo & Associates are available to speak with you about your legal rights and potential options if you have been injured in a car crash. To schedule a free consultation, call 1 800-497-9774. We have recovered over $300 million dollars in compensation for our clients to date. We can help you determine your options and guide you further in each step of the process. Our experienced attorneys at Castillo & Associates can help you gather any evidence you may need to get the maximum benefits for your injury.
At Castillo & Associates, we have offices conveniently located throughout Southern California in Los Angeles County, Inland Empire, Coachella Valley, and the San Diego area of Mission Valley. We are Bilingual Attorneys and have over 33 years of combined experience in Workers Compensation Claims & Workers Compensation Law as well as Personal Injury Law.
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
