How Long Does an Accident Insurance Claim Take?
If you are injured due to the careless actions of a negligent driver or another party, you may have the right to recover compensation for your medical costs, lost income, and pain and suffering through a personal injury claim. However, the accident claim process can be long and confusing, leaving you to wonder, “How long does an accident insurance claim take?” While the answer is different in every case, having an experienced attorney by your side can help.
A personal injury lawyer from Allen Law Firm can guide you through the claims process and fight for the financial compensation you deserve. Contact us today for a free case review.
California Rules on the Insurance Claim Timeline
Under the Fair Claims Settlement Practices Regulations, insurance companies have up to 85 days to resolve insurance claims. The California Department of Insurance applies the following timelines to these claims:
- 15 days to acknowledge receipt of a claim
- 40 days to accept or deny the claim, which may include time to investigate, gather evidence, review medical records, and assess economic and non-economic damages
- 30 days to issue payment for the settlement
These timelines can be extended if the insurance company requires additional information or the accident victims and insurance companies agree to engage in ongoing settlement negotiations.
Steps Involved in an Accident Insurance Claim
Whether you were injured in a slip and fall or a car accident, you must follow certain steps when filing a personal injury claim for compensation for your damages. These steps include:
- Reporting the accident – Call 911 or report the accident to the business owner or other party in charge.
- Collecting evidence – Get the at-fault driver’s name and contact information. Ask for the name and policy number of the at-fault driver’s auto insurance company. If the accident happened at a business, ask for the business owner’s name, contact information, and their liability insurance company’s information.
- Taking pictures – Pictures can help illustrate how an accident happened. Take photos of where the accident occurred, factors that may have contributed to it, nearby signs, and any other relevant information.
- Seeking medical treatment—It’s essential to get checked out after an accident so a healthcare provider can properly diagnose and treat your injuries. Medical documentation can also help establish the link between your accident and injuries.
- Filing an accident claim for compensation – The process begins with contacting the insurance provider that provides liability coverage for the at-fault party. The company may send you specific forms to complete to officially begin the process.
- Conducting an investigation – The insurance company appoints an insurance adjuster who conducts an investigation to determine if insurance applied under the circumstances and who is at fault.
- Preparing a demand letter – Your accident lawyer prepares a letter that states how the accident happened, why the insured is responsible, and how much compensation you should receive.
- Participating in the negotiation process – The insurance adjuster may offer to settle the claim. Your personal injury lawyer may request more money. This process may continue until they reach a final agreement.
- Receiving your settlement – You receive a settlement check from the insurance company after signing legal documentation indicating that you will not file a personal injury lawsuit against the defendant or insurance company.
A personal injury lawyer can help you with the entire process. Contact Allen Law Firm today to learn more about how we can help you.
Factors that Can Affect How Long Your Insurance Claim Takes
Various factors can affect how long it takes to successfully resolve your personal injury claim, including:
The Severity of Injuries
Personal injury lawyers may recommend that those who suffer bodily injuries reach maximum medical improvement before trying to settle their claim. This is the point at which you have recovered as much can be expected under the circumstances. It is also when an accident attorney can estimate your claim’s value.
At this point, your lawyer will have a better sense of the medical treatments you will require in the future, how much time you may miss from work, and whether you have suffered any permanent disabilities for which they can seek compensation on your behalf. With this information in hand, your lawyer can negotiate for a fair settlement.
Liability Is in Dispute
Settlements may take longer when liability is in dispute. For example, if multiple drivers were involved in a car accident, the other drivers may try to blame each other for the accident. Or, they may try to blame you. Insurance companies like being able to blame others for the accident so they can have justification to deny claims and minimize the money they are losing on paying them.
In cases of this nature, you need an experienced attorney who can conduct an independent investigation, gather strong evidence to establish liability and present a compelling argument for compensation for the damages you sustained.
Multiple Rounds of Negotiations
Settlements can also take longer if multiple rounds of negotiations are involved. The insurance adjuster may have to review additional information, get authorization from someone with greater superiority within the insurance company, and prepare additional written communications regarding the offer and terms. This may happen every time that your personal injury attorney makes a new counteroffer.
While it may feel frustrating for your claim to remain unresolved, keep in mind that once you settle your case, you cannot return to the negotiating table for more money. Therefore, you want to settle for fair compensation, which may require multiple rounds of negotiations.
A Lawsuit Is Necessary
In some cases, it may be necessary to file a personal injury lawsuit. If the insurance company denies your claim or refuses to offer fair compensation, you may have to file a lawsuit. This can increase the timeline before you receive compensation because litigation is involved, which often means the other party must respond to your lawsuit, all involved parties conduct an investigation, and attorneys file pretrial motions. Your case can still be settled before trial, but you can reasonably expect delays.
How to Expedite Your Insurance Claim
Ideally, you want to receive your settlement check quickly. However, you also want to ensure you recover the most amount of compensation available for your claim. Fortunately, there are several ways you can expedite your insurance claim and avoid delays.
Collect Information
The steps you take immediately after the accident can impact your personal injury claim. Report the accident to the police. Ask for the at-fault party’s insurance information. Take pictures of the accident scene. Ask witnesses for their contact information. This information can come in handy when you are making your claim.
Contact Your Insurance Company
Notifying your insurance company of the accident promptly may help speed up the claims process. This avoids delays and can promptly begin investigations and other procedures. Even if your claim is against a third party, you may be able to receive benefits under your own insurance policy, allowing your insurance company to pursue the at-fault party through subrogation.
Respond to Requests for Information
The insurance company may contact you for additional information that may be necessary to investigate your claim or determine liability and whether insurance coverage applies. Some of this is justified and reasonable. The insurance company is a business that has its own financial interests to protect.
However, insurance companies are for-profit entities that rake in millions each year by minimizing the value of claims while still receiving ample funds in premiums. As such, they may try to trick you to get information to use against you through tactics such as:
- Asking leading questions to get answers they want, such as that you’re “fine”
- Insisting on a description of your injuries before you know their full extent
- Getting you to commit to answers that are later disproven to imply you were lying to discredit you in front of juries
- Asking you to give a recorded statement to get information to use against you
- Requesting you to sign a medical release form to get irrelevant medical records to blame your injuries on
An experienced attorney can handle your claim for you, manage communication with the insurance company, and monitor case deadlines to protect your rights.
Assert Your Rights
Insurance companies that operate in California must comply with strict time limits. Remind the insurance companies of these deadlines. Consult your lawyer if the insurance company asks for your agreement regarding extra time for ongoing negotiations. You can also refer the insurance company to your lawyer so that you don’t have to deal with it.
Work with an Experienced Accident Attorney
Finally, consider working with an experienced personal injury lawyer who can handle communication with the insurance company, remind them of statutory deadlines, and expedite your insurance claim.
Contact a Personal Injury Attorney Today for Help with the Accident Claim Process
Dealing with the accident settlement process can be confusing, especially if you have suffered serious injuries that require your care and attention. An experienced attorney from Allen Law Firm can handle the legal process for you so that you can focus on your recovery. Our personal injury lawyers can explain the relevant rules, file your insurance claims, and strive to negotiate a fair settlement on your behalf. Contact us today to get started.
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