Posted on Friday, August 9th, 2024 at 9:00 am
Dealing with the aftermath of a car accident is stressful enough without the added frustration of a delayed settlement. These delays and anxiety lead to many accident victims asking, “Why is my car accident settlement taking so long?” The answer is that many factors can influence the timeline of your settlement. This includes the insurance company’s investigation and the negotiation process.
Understanding these factors can help you manage your expectations and take steps to expedite the process. One way is by contacting an attorney right away after a collision. An experienced Utah car accident lawyer can prevent the insurance company from stringing you along and giving you offers well below the actual value of your claim.
Insurance Company Investigations
Why is your car accident settlement taking so long? How long do most car accident settlements take? One reason your settlement may face delays early on is that the insurance company may be using all the time Utah law allows to investigate your claim. According to the Utah Office of Administrative Rules, insurance companies have 30 days to investigate after receiving your claim.
However, insurance companies can continue investigating your claim beyond this point if they provide a reason for doing so every 45 days. This means that as long as the insurance company comes up with a reason, it can delay accepting or denying your claim, leaving it in limbo.
One of the ways you can minimize the chances of this happening is by providing the insurance company with extensive documentation of the accident. The most important things to provide the insurance company are accident scene photos featuring all the damage to your vehicle and your injuries, your medical records and bills associated with the accident, and a police report.
Medical Treatment and Billing
If you suffered severe injuries in the accident, your ongoing medical treatment could be a reason the insurance company is delaying settling your claim. Your insurance company may be waiting to receive all of your medical bills before moving forward with your claim.
On the one hand, this can be good for you. In general, you shouldn’t settle a claim until reaching maximum medical improvement (MMI). This is the extent of your injuries being fully healed or will not heal further, even with additional treatment. Waiting until you reach this point is essential for calculating the full extent of your losses and expected future medical expenses.
On the other hand, insurance companies will sometimes wait for all of your medical bills. They will pick them apart and deny payment for specific treatments. For example, if you had two surgeries on your knee after an accident, the insurance company may argue only one of those surgeries was necessary. Or, they may deny payment for certain prescription medications.
Insurance Company Tactics
Utah is a no-fault insurance state, meaning you file your claim with your insurance provider after an accident, regardless of who was at fault. Because of this, many people believe their insurance provider works for them or is on their side. However, this is not the case.
If the insurance company is dragging its feet and not settling your claim in a timely manner, it’s usually safe to assume it’s doing so to benefit itself. Insurance companies aren’t in the business of paying out compensation to injured individuals. They’re in the business of making money by minimizing or denying claims and reducing the compensation they pay out.
Insurance companies delay determining whether they will accept or deny your claim, so you give up hope. Once enough time passes, they’ll deny your claim and count on you not spending the time and effort to fight back. This could be one reason why your car accident settlement is taking so long.
Another delay tactic is to wait until you become desperate for your payout. While you’re waiting on the insurance company, they know you have mounting expenses, lost wages, and other stressors. Then, when they finally agree to settle your car accident case, they provide a lowball offer. They will hope you’ll accept it because you need the money now.
Negotiating with the Insurance Company
Even if the insurance company accepts your claim, negotiating a fair settlement is time-consuming. Their initial offer may not be enough to cover all of your medical bills and fix or replace property damages.
If this is the case, you’ll need to enter negotiations, and rushing these negotiations could result in a lower settlement. It’s crucial to maintain pressure on the insurance company by not backing down. You should provide evidence that supports your claim for a fair settlement offer.
In the event that the insurance company refuses to give you a fair settlement, litigation is the next step. Going to trial will make your claim take even longer but can result in you receiving more compensation.
How an Attorney Can Speed Up the Process
Hiring an experienced car accident lawyer can make a significant difference in the efficiency of your car accident settlement. They will manage all communications with the insurance company, gather necessary evidence, and negotiate on your behalf.
Attorneys are also familiar with insurance companies’ tactics and can effectively counter them. Because of this, insurance companies are less likely to try to use these tactics, leading to quicker claim turnaround times.
Of course, an attorney can assist in other ways, too. For example, they can make sure you have an accurate calculation of your losses and that the insurance company’s settlement offer is high enough to cover them.
They can also assist you in meeting the various deadlines associated with your case. This includes the four-year statute of limitations if you need to file a personal injury claim.
Contact a Utah Car Accident Attorney Today
If you’re experiencing delays in your car accident settlement, it may be time to contact an attorney for legal assistance. The Utah car accident attorneys at London Harker Injury Law can guide you through the claims process and work to speed up your settlement.
Call 77CARCRASH or contact us online to speak with one of our experienced car accident injury attorneys about your case. Our law firm is dedicated to helping people like you get the compensation they deserve. We’ll review your case, explain your legal options, and answer any questions you have. With our proven track record of successful case results, you can trust us with your case.
