You’re not alone. Many individuals who have been involved in a car accident and filed a claim often find themselves stuck in what feels like an endless waiting game. However, understanding the reasons behind these delays can empower you to take control of the situation and move forward. If you’re wondering, “Why is my car accident settlement taking so long?” it usually boils down to three primary factors: the complexity of the case, your medical recovery, and ongoing negotiations with insurance companies. These factors can significantly extend the process, leaving you feeling frustrated and in limbo.
At Dyer, Garofalo, Mann & Schultz, our experienced personal injury attorneys, known as the Ohio Tigers, are here to guide you through the process and work toward the best outcome for your request. Recognizing common delays can help you achieve a smoother resolution and move forward with your life.
The car incident settlement process follows a structured path designed to ensure both parties have time to gather and present evidence, assess damages, and negotiate a fair agreement. Here’s a breakdown of each stage:
First Steps: After the collision, the injured party begins by filing a request with the at-fault driver’s insurance company. This typically involves providing as much information as possible about the collision. Typical documents and evidence needed include:
The insurance provider will investigate the situation by reviewing the details and collecting proof. Their goal is to determine whether their policyholder is liable for the event and, if so, how much compensation the claimant is entitled to.
Important Consideration: You need to report the situation promptly, as delaying could jeopardize your request or cause issues with evidence collection.
Ongoing Healthcare Care: After filing a claim, one of the most crucial stages is reaching Maximum Medical Improvement (MMI). MMI refers to the point at which your doctors believe your injuries have healed as much as possible. This is critical because you cannot accurately determine the full cost of your damage (hospital bills, ongoing care, or rehabilitation) until you’ve reached this point.
Document Collection: Once you’ve reached MMI, your lawyer will collect all the necessary records to calculate the full extent of your damages. These documents typically include:
This documentation is essential in building a complete and accurate picture of how the accident affected you financially. Your attorney will use these records to submit a demand for payment to the insurance company.
The Back-and-Forth Process: Once the demand for compensation is submitted, negotiations with the insurer begin. In many cases, the providers may present a lower counteroffer than the initial claim. This is a common tactic, as insurance companies aim to pay out the least amount possible.
Negotiation can take time, especially if the two sides are far apart on the payment amount. It’s essential to stay patient during this process to avoid settling for less than you deserve.
Final Decision: The goal of any car accident request is to reach a resolution without going to court. If both sides agree on a fair payment amount, the case is resolved, and you’ll receive the agreed-upon amount. However, if negotiations stall, the case may proceed to litigation.
A legal proceeding is often a last resort due to the time and costs involved, but it may be necessary to secure the resolution you deserve.
Why Timeframes Vary: The entire agreement procedure can take anywhere from a few months to several years. The length of time is influenced by factors such as:
By comprehending each step, you’ll be better equipped to manage expectations and work closely with your attorney to ensure that you receive the settlement you deserve. This knowledge empowers you to make informed decisions, facilitates effective communication with your legal team, and ultimately contributes to a smoother compensation process, enabling you to move forward with confidence and peace of mind.
While every case is unique, a typical car crash lawsuit can take anywhere from a few months to several years to resolve. Here’s a general breakdown of the timeline:
It’s important to note that the actual length of the process can vary depending on many factors, including the complexity of your specific case and the efficiency of the insurance providers you’re dealing with.
Numerous factors could be contributing to the delay in receiving your settlement. Let’s explore some of the most frequent reasons:
A major factor contributing to postponements in car collision compensation is the length of your healthcare treatment. Insurers require a comprehensive understanding of your injuries to formulate an accurate offer. Until you reach MMI, it’s challenging to evaluate the total costs associated with your medical bills, future treatments, and any possible long-term effects of your impairment. Consequently, as long as you continue receiving treatment, your resolution will likely be postponed.
Another usual reason for holdups is a debate over who was at fault for the incident. If the other driver’s insurance company disputes their responsibility, an additional investigation may be required. This can include reviewing police reports, witness statements, and even recreating the incident through expert testimony. If liability is contested, the insurer is likely to drag out the process, prolonging your claim.
Insurance companies are often hesitant to offer full compensation immediately. Their initial offer may be lower than what you’re entitled to, and negotiations could go back and forth for months. They can be time-consuming, especially when there’s a significant difference between the initial offer and what your lawyer believes is fair. If an agreement can’t be reached, you may have to proceed with litigation, which can further extend the timeline.
If your accident resulted in severe or life-altering afflictions, the reimbursement process might take longer. Higher-value claims often involve more complex agreements, as insurance providers will carefully scrutinize these cases before agreeing to a payout. Catastrophic injuries typically result in higher payments, but they also take longer to resolve due to the extensive medical records and expert opinions required to support the request.
If your case goes to trial, court holdups can add several months to years to the compensation procedure. Tribunals are often backlogged, and scheduling conflicts between both parties’ lawyers and the judge can cause further delays. Even after the trial concludes, appeals and post-trial motions can extend the final resolution.
While many elements in the car incident settlement process are outside of your control, there are a few things you can do to help move your case along:
Keeping the lines of communication open with your attorney is critical to ensuring that your case progresses smoothly. Respond promptly to any requests for information, updates on your medical treatment, or additional documentation. A strong partnership with your lawyer will ensure no unnecessary delays.
Having all your documentation in order can help your legal team present a solid case to the insurance company. Maintain records of all healthcare treatments, expenses, lost wages, and any communication with the insurer. The more organized and thorough your records are, the easier it will be to negotiate a fair payment.
Settling too early could result in you receiving less than you deserve, especially if your injuries are more critical than initially thought. Patience is crucial during this process, as rushing to settle may leave you with unexpected future expenses that won’t be covered.
Make sure you’re following through with all recommended treatments and therapies. Failing to do so can give the coverage provider grounds to argue that your impairments aren’t as severe as you claim. Document your recovery and keep your lawyer informed of any changes in your healthcare status.
Vehicle collision agreements can be delayed due to ongoing medical treatment, liability disputes, insurance negotiations, or legal complications. If you’re asking, “Why is my car accident settlement taking so long?” staying organized, being proactive, and maintaining communication with your attorney can help streamline the process. At Dyer, Garofalo, Mann & Schultz, our Ohio Tigers are dedicated to helping you get the compensation you deserve. If your payment is taking too long, call us at 937-222-2222 for a consultation. We’re here to help you through every step of the way.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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