Disputes about fault or a lack of medical evidence are common reasons why a car accident settlement can take a long time. A case can also take a long time if it‘s particularly complex or if insurance companies are waiting for you to complete medical treatment.
Several factors can lengthen the time it takes to resolve a car accident claim. But a Fairfax car accident lawyer can be your advocate and work to resolve complications and expedite proceedings as quickly as possible.
How Long Does the Typical Car Accident Settlement Take?
The typical length of time it takes to resolve a car accident claim can vary from a few months to over a year. In the simplest cases where the fault is obvious and the damages aren’t extensive, you could resolve a claim within three to six months. If the case involves extensive injuries or multiple liable parties, it could take a year or longer to reach a final settlement.
Below are some general factors that can impact how long it’ll take to get your settlement:
- The degree of injuries and the extent of medical treatment
- The extent of fault and liability
- The presence of multiple liable entities
- Whether commercial entities are involved
Settlement timelines depend heavily on the specific circumstances of your case. You should speak to a personal injury lawyer who can give you a more accurate estimate after evaluating your case.
For a free legal consultation call (703) 591-9829
Reasons Your Car Accident Settlement is Delayed
Several factors can cause your claim to take longer than expected. Below are some potential reasons why your settlement is delayed:
You’re Still Undergoing Medical Treatment
Generally speaking, you can’t resolve a car accident injury claim until you complete your medical treatment and reach maximum medical improvement (MMI), the period after which your injuries won’t get better. Claims need to wait this long so insurers and doctors can estimate the extent of necessary future care.
If you try to settle before you reach MMI, your settlement could leave out important future medical expenses, or you could lose the chance to sue for future injury-related pain and suffering. Even though it takes longer, completing treatment ensures settlements cover the true cost of recovery.
The Accident Is More Complex Than Normal
Your settlement could also be delayed if the claim is more complex than normal. There may have been multiple vehicles in the accident, or you may have extremely complicated medical costs that need to be organized and tracked. The more complex the accident dynamics, the longer it takes to investigate and determine liability.
Additionally, the crash may involve a government entity, and there are special rules and procedures for suing the government. Complex accidents will require extensive communications and back-and-forth negotiations.
There Are Disputes About Liability
Insurance companies are likely to dispute liability, especially if there are questions about who was at fault. For instance, there may be conflicting witness statements or gaps in medical records regarding injury diagnoses and treatment.
For instance, the insurance company might claim you shared fault for your injuries. Virginia follows a contributory negligence rule, which can bar recovery if you are found even partially at fault for the accident.
The Insurance Company Is Acting in Bad Faith
Alternatively, delays could be due to the insurance company acting in bad faith. Insurance companies are legally obligated to manage and respond to claims in a timely fashion. Repeated refusals and delays could be a sign that the insurer is acting in bad faith. Below are common bad-faith tactics insurance companies use:
- Denying claims without providing a written reason
- Repeatedly making lowball settlement offers
- Refusing to grant coverage to a valid claim
- Delaying investigations without a justified reason
- Not responding to requests for policy information
- Lying or misrepresenting the facts of your case
If you suspect that your insurer is acting in bad faith, a lawyer can help you sue them in a formal lawsuit.
Tips to Expedite Your Car Accident Claims and Settlement
Bills and other obligations won’t wait while you’re waiting for a settlement, so you want to shorten timelines as much as possible. Below are some useful tips from our lawyers on how you can expedite the claims process:
- Keep records of as much as you can. This includes pictures of the accident scene, medical bills, eyewitness statements, and receipts for other injury-related expenses. You’ll want proof of your expenses to quickly resolve disputes if they arise.
- Get as much medical documentation as possible when you see the doctor. Submitting insufficient information can greatly lengthen the duration of the claims process.
- Follow your prescribed medical treatment as closely as possible. If you deviate from your treatment plan, the insurance company can dispute the status of your medical condition.
- Get in touch with an attorney. An attorney can ensure you meet all filing deadlines and respond promptly to requests from the insurance company for additional information.
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Contact a Car Accident Lawyer in Fairfax
Do you have more questions about why your car accident settlement is taking so long? If so, contact BenGlassLaw online or call today to schedule a free case consultation with a Fairfax personal injury lawyer.
Call (703) 591-9829 or complete a Free Case Evaluation form