If you suffered injuries in a motor vehicle collision, you may wonder, “Why is my settlement taking so long?” The car accident settlement process can be complex, and many factors can affect a claim and the timeline for recovering payment. Having an experienced car accident lawyer on your side can significantly benefit you and help expedite the process, where applicable.
A personal injury attorney with Salvi, Schostok & Pritchard P.C. can help you avoid unnecessary delays and fight for a fair settlement that compensates you for all your losses. Contact our law firm online or call today for a free consultation.
Receiving Full and Fair Compensation Is More Important Than Securing a Speedy Settlement
A car accident settlement delay can be frustrating, but receiving fair compensation is more important than being compensated quickly. If you accept the insurance company’s initial offer or allow them to pressure you into a hasty agreement, you may find yourself paying out of pocket later.
Before agreeing to a settlement, you must take the time to understand the cost of your current and expected medical treatment and how your injuries will affect your work capabilities and overall quality of life. If you do not account for your future needs and expenses, you may leave significant money on the table.
When you hire a car accident lawyer from Salvi, Schostok & Pritchard P.C, you can be confident that we will account for the full extent of your injuries and losses, including your medical bills, future medical expenses, lost income, property damage, and pain and suffering.
Receiving the compensation you deserve should be a higher priority than rushing the process.
Car Accident Settlement Timeline
The settlement timeline for a car accident claim varies from case to case. In Illinois, most motor vehicle accident cases begin with a claim against the liable driver’s auto insurance.
You should immediately contact the liable party’s insurance company and your insurer about the crash to avoid missing policy deadlines. Once you file your insurance claim, your personal injury lawyer will investigate the collision and present the at-fault party’s insurance company with a demand letter outlining your case and the compensation you deserve.
If the insurance company does not agree to offer a reasonable settlement, your lawyer can file a personal injury lawsuit. Under Illinois law, you generally have two years to take legal action. Your lawyer and the insurance company’s representatives will then exchange information and evidence during a process called discovery. They will also continue with negotiations.
Even when a lawsuit is filed, negotiations continue. However, the litigation process itself introduces new timelines. The discovery process involves scheduling and taking depositions (sworn out-of-court testimony), which must be coordinated among all parties and attorneys. Furthermore, if the case proceeds toward trial, the timeline is heavily influenced by court backlogs and the judge’s specific judicial calendar, which can add months or even years to the process.
Most cases settle before going to trial. However, if necessary, our attorneys are not afraid to represent you in court. We prepare every case for trial, and insurance companies know our law firm is comprised of trial lawyers who are ready and willing to go before a judge or jury.
Factors Affecting a Car Accident Settlement
Car accident settlements take varying amounts of time, with some taking only a few months and others taking much longer.
Among the issues that impact the timing of a settlement are:
- The facts of the case – Cases with complex legal and factual issues can take longer to investigate and resolve, especially if there are disputes over who is at fault. It can also take a while to gather evidence, including medical records, eyewitness statements, and expert testimony. In cases with disputed liability, your lawyer may need to hire an accident reconstruction expert to analyze the crash data, vehicle damage, and scene evidence to prove what happened. Furthermore, complex medical cases may require expert testimony from specialized doctors to link your injuries to the crash. Identifying, retaining, and scheduling these experts, who must then conduct their own analysis and prepare reports, adds significant time and expense to the investigation and litigation phases.
- The involvement of multiple parties – When multiple parties are involved in car accidents, it may mean dealing with their respective insurance companies and attorneys. Multiple parties can also make determining fault and the degree of each party’s financial liability more difficult.
- The severity of the injuries – When a collision results in severe injuries, it is essential that victims reach maximum medical improvement before agreeing to a settlement. Before reaching maximum medical improvement, knowing the full extent of your medical expenses is impossible. You or your injured loved one may need extensive medical treatment, including long-term nursing, attendant care, or life care. You must pursue the resources necessary to pay for these services.
- The at-fault party’s policy limits – If your claim’s value is near or exceeds the at-fault driver’s insurance policy limits, the case often takes longer. The insurance company has less to lose by dragging out the process and will fight harder to avoid paying the full policy amount. These cases are also more likely to require a lawsuit to pursue a judgment, as the insurer will not willingly offer their full coverage, especially if it’s clear your damages are much higher.
- Intentional delays from the insurance company – Insurance companies often use specific tactics to intentionally prolong the claims process, hoping to frustrate you into accepting a lower offer. These tactics can include making unreasonably low-ball initial offers that require extensive negotiation, sending repeated or unnecessary requests for the same information, moving your claim between different adjusters, or generally engaging in slow claim processing and communication. When these delaying tactics are extreme, unreasonable, and have no legal basis, they may constitute ‘insurance bad faith.’ This is a separate legal claim your attorney can pursue against the insurer for failing to honor its obligations fairly and in good faith, though it adds another complex legal layer to your case.
- Disputes over medical treatment and prognosis – The insurance company may dispute the severity of your injuries or the necessity of your treatment. They may require you to attend an Independent Medical Exam (IME) with a doctor of their choosing. The purpose of an IME is for the insurer’s chosen doctor to examine you and review your medical records, often to dispute your doctor’s findings. Scheduling this exam and waiting for the subsequent report adds significant time.
- Disputes over pre-existing conditions – Insurance companies often search a victim’s medical history for any ‘pre-existing conditions.’ They will then argue that your current pain and injuries are not from the car accident but from your previous condition. This is a common tactic to dispute the causation and value of your claim. Your attorney must then spend significant time gathering medical records and expert opinions to prove that the accident, not your prior condition, is responsible for your injuries, or that the accident significantly aggravated your pre-existing condition.
- The presence of medical liens or subrogation claims – If your health insurance or a government program (like Medicare/Medicaid) paid for your medical bills, they will likely have a lien on your settlement. A subrogation claim or lien is a legal right to be reimbursed from your settlement proceeds. Your attorney must identify all potential liens and negotiate with these third-party entities to (ideally) reduce the amount you have to pay back. This negotiation process happens after a settlement amount is agreed upon but must be completed before you can receive your funds.
- The negotiation process – How long the negotiation process takes can depend on the complexity of the evidence, the value of the claim, and the willingness of the involved parties to engage in the process. Sometimes, insurance companies will purposely cause delays. Experienced and resourceful attorneys can fight against this.
- Whether legal action is necessary – If your case goes to court, it will take longer to settle than if legal action is not required. However, remember that receiving full and fair compensation is the ultimate goal.
Delays in Uninsured/Underinsured Motorist (UM/UIM) Claims
If the at-fault driver has no insurance (uninsured) or not enough insurance to cover your losses (underinsured), you may need to file a claim with your own insurance company under your Uninsured/Underinsured Motorist (UM/UIM) coverage. While this is your own insurer, it does not mean the process will be fast. Your insurance company will now step into the shoes of the at-fault party’s insurer and may use similar tactics to dispute the value of your claim. There are also specific procedural requirements in your policy, such as timelines for notifying the insurer and providing sworn statements, that must be strictly followed to avoid denial, adding unique layers to the settlement timeline.
Contact Our Experienced Car Accident Attorneys for a Free Consultation Today
If you or a loved one has been injured in a car crash, Salvi, Schostok & Pritchard P.C. is here to help. Our car accident lawyers will do everything possible to avoid delays and seek the maximum compensation possible. We aggressively fight for our clients’ rights while they focus on healing.
Contact us online today or call now for a free consultation with an experienced lawyer.
