Like most answers from lawyers, “it depends.” Whether your car accident was in Sacramento or elsewhere in California, it can take anywhere from a few months to a few years. Understandably, most car accident victims want to simply move on and put things behind them. However, making sure the correct steps are taken after the car crash and then spending extra time on it can make a huge difference in the outcome. The following helps to provide information on what variables can affect the length of a case or claim.
What determines how long a car accident claim lasts?
If there is clear liability and the injuries are resolved without complication, it is possible to settle the claim in a few months without delays. Unfortunately, even some “clear cut” cases can take longer due to the insurance company’s review. Below are some factors that can lengthen the timing of a car accident claim:
Seriousness of Injuries. Before a car accident attorney can fully evaluate the claim, they will try to wait until the victim has either fully recovered or recovered to the best they are able. This can extend things for weeks, months, or even years. In the early stages, it’s possible the doctor doesn’t know the recovery period or extent of treatment needed for maximum recovery. An example would be waiting to see how something heals to determine whether surgery is necessary or not.
A car accident attorney not only needs this to accurately outline your damages, but also has an ethical duty in regard to your health. Once a settlement is reached, the car accident victim will sign what is called a “release of claims.” This means that they cannot sue on any future damage incurred from the car accident (i.e., if a settlement is accepted and release is signed and it’s later determined surgery is necessary, the victim will not be able to go after those damages). So it’s best to wait until the victim has recovered to the best they can before moving forward on a settlement.
Type of Injuries. Injuries such as whiplash, chronic generalized pain, and soft-tissue injuries usually will raise flags by the insurance company. This is because many fraudulent claims involve generalized or subjective injuries. Insurance adjusters will scrutinize these claims more closely than others and this will extend the time for the claim to be processed.
Cooperation by the Insurance Company. Insurance companies have a duty to conduct their investigation in a “reasonable time.” However, they will delay all they can because it helps keep their money in their pocket. In California, there are time limits when it comes to processing claims. The insurance company must either deny the claim or offer a settlement within 40 days of receiving a proof of claim. Of course there are tricks insurance companies can use to delay by asking for more information or “requiring” things that aren’t required under the law.
Legal Proceedings. Once the claim was denied or a settlement offer was given, the victim must decide what direction to go. They can appeal a denial, accept the offer, try to re-negotiate, or file a lawsuit.
If the insurance company doesn’t give a fair settlement offer, a lawsuit for damages may be filed within two years of the date of the accident. While settlement negotiations continue through the lawsuit, if the case goes to trial it can take up to two years from the date the lawsuit is filed. This is on top of the time the claim was processed after the accident and before the lawsuit.
Just like asking “what is the average car accident claim worth?”, there is no simple answer for how long a case can take. Every car accident claim is unique and the timeframe can vary widely. It is best to discuss your options with an attorney who understands the claims process. A well-negotiated claim that takes a little longer may be better for the recovery process than a short, undervalued quick settlement.
