Every car accident, and therefore, every car accident case is going to be different. The timeframe for a case to settle can be anywhere from months to even years. The insurance companies use a strategy called “delay, deny, defend” that, along with other variables can really lengthen the time of your case.
What causes delays?
The three main things that will delay a car accident case are:
1. Legal or factual issues with the case
2. The case involves a large amount of money
3. You are still receiving medical care related to the accident
Legal or Factual Issues. : The first thing that will be analyzed is who the at-fault party is. This will determine if someone was careless or negligent. If liability is difficult to prove or the insurance companies contest it, they will likely make a lowball offer. This would be something you’d discuss with a Sacramento car accident attorney to decide whether to accept the offer or move forward with a lawsuit.
Many times, insurance companies will also dispute the amount of damages that are claimed. Examples include:
1. Insurance companies saying that time missed at work isn’t justified for the injury sustained.
2. The doctor must connected the injury to the accident (this is called causation).
3. Insurance companies will say you were “over treated,” meaning that you received more medical care than necessary and they won’t cover the full amount.
4. The amount of pain and suffering demanded isn’t equal to the injury sustained.
There are many more examples than the above. Insurance companies are in the business to increase their bottom line. They do this by completing denying claims or finding ways to pay less.
Case Involves a Large Amount of Money If the injuries were very serious, insurance companies will do extensive due diligence before making payment. This means they will thoroughly investigate liability and the damages related to the car accident.
Insurers are very diligent when it comes to assessing their cases. They will require medical records, bills, estimates of your car’s damage, doctor’s notes, notes from your employer. One trick they use on people before they’re represented by an attorney is called the “recorded statement.” They try to lock you into a story so that you can’t change things down the road. This may sound fine at first, but insurance adjusters are trained to ask questions that can hurt your claim. Even answers you would think are fine can be troublesome depending on how the question is asked.
Maximum Medical Recovery or Improvement. If you’re still being treated for injuries from the car accident, your case may take much longer. If you’re not represented by an attorney, settling a case before you’ve reached this point of recovery or improvement can be extremely costly. Make sure that you’re fully evaluated for your injuries before accepting any settlement. Sometimes injuries can take time to manifest because of the shock of the accident.
After a settlement is accepted, how long will it take to get my settlement check?
Once a case is settled, it will usually take about four to six weeks to complete the settlement process (this can vary on a case by case basis).
The insurance company will require that you sign a “release” that settles your claims. The release will say you are giving up the right to sue the person, persons, or company who is responsible for your injuries. Upon signing the release, the insurance company will give you the agreed-upon amount of money in exchange for releasing the claim.
This is why it’s extremely important to be recovered to the maximum amount. Once the release is signed, you can’t come back down the road and say you have more injuries and sue for those.
If you’re represented by an attorney, the settlement check will be sent to their office. He or she will pay any liens placed on the settlement funds (medical bills, ambulance, etc.). Attorney’s fees, out of pocket expenses (costs such as filing fees, getting medical records, deposition transcripts), and other possible costs associated with the claim will also be deducted. After all deductions are made, you will receive the balance of the settlement check from your attorney’s office.
Get Help from a Sacramento Car Accident Attorney
Being in a car accident can be difficult physically, mentally, and financially. You should be focused on your recovery to the best of your ability. If you need someone to help evaluate your claim, please don’t hesitate to give us a call at (916) 619-5452. We will be happy to help go through things with you and evaluate your options moving forward.
