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Getting into a car accident often results in major medical expenses, lost wages, and other financial losses. When you didn’t cause the accident, the at-fault driver and their insurer should provide you with the compensation needed to cover your expenses.
However, it’s not something that will happen overnight. Car accident victims need to be prepared that their settlement will take some time to process. In this article, we explore the common reasons behind prolonged car accident settlements and how Armada Law, a personal injury law firm in Greenville, can assist in expediting your case.
Understanding Settlement Delays in Car Accidents
When you have been in a car accident, it is a stressful time. You may have serious physical injuries and the limitations they impose can have dire consequences for your mental health. You’ll also have your regular monthly expenses and may be further concerned about how you’ll pay for everything without sinking into debt.
Car accident settlements can take some time to process, and depending on the circumstances, there may be additional delays that stand in the way of receiving your money.
Reasons for Delayed Car Accident Settlements
Here is a look at why your car accident settlement may take a while:
Initial Investigation Delays
While it’s obvious in some cases how a car accident occurred, the majority of them are not so simple. Your insurance company may be contending with a third-party claim from the other driver, and the other driver’s insurance company will be investigating your claim.
In an at-fault state such as South Carolina, the initial investigations can take time. It requires sifting through the evidence to determine how the crash was caused and who was at fault. In some scenarios, there may even be shared fault. The modified comparative negligence rule the state uses may mean that each driver will be assigned a percentage of the blame.
Gathering evidence is crucial after a car accident, and the more of it you have, the greater chance you have of proving that you were not at fault. Your personal injury lawyer will hire experts to reconstruct the accident, obtain traffic camera footage, and have medical experts review your medical records to further strengthen the evidence in your case. However, even with a preponderance of evidence, there could still be other delays as you await your car accident settlement.
Insurance Company Procedures
Insurance companies are responsible for the payout, which means they will often cause unnecessary delays in providing car accident settlements. You may be stuck waiting as they drag out the process of reviewing your claim. They may also request additional evidence or investigations, which is common when car accident victims don’t hire legal representation.
Prolonged car accident claim processing by insurers is done deliberately as they hope it will result in the lowering of your settlement. The more desperate you are to get your money, the easier it will be for them to offer an unfairly low settlement.
Medical Treatment Duration
Another common reason for delays is when victims suffer extensive injuries in a crash. You may have sustained catastrophic injuries, and the medical professionals treating you will need to get you to a stable condition first.
Once that happens, then there may be a long road ahead to your recovery. While you certainly want to put this traumatic experience behind you as soon as possible, you must wait until you have reached your maximum medical recovery (MMR) to fully determine the long-term effects of your injuries and the treatment required.
Settling before this point arrives will only cause hardship for you down the road. When you accept a settlement for your car accident, you must sign a release. After your signature is signed, you no longer have the right to pursue any additional legal recourse for this legal matter. You can’t get more money from the insurance company, which is why your attorney is likely to advise you to be patient and wait until the full impact of your injuries is clear.
Multiple Parties Involved
If your car accident involved more than two vehicles or other parties, the process can become even more complicated. Each party will need to be investigated for their role in the accident, which can mean a longer wait for your settlement.
There may be multiple drivers and passengers, or your accident may have been with someone driving a company vehicle, which would mean the employer of that vehicle would also be an involved party in your case. Even government entities could play a role if one of their vehicles was involved in the accident. The more parties that are tied up in this process, the more complicated and lengthy your case will likely be.
Legal Complexities Involved with Prolonged Car Accident Claim Processing
There are many reasons for delayed car accident settlements as mentioned above, and state laws and regulations can further add to the wait.
Comparative Negligence Rules
One of the biggest legal complexities that will be involved is determining your role in the car accident. The other driver’s insurance company will be actively looking for ways to assign some of this blame to you. This can lead to negotiation disputes in the details and damages, making for a more time-consuming process.
Statute of Limitations
South Carolina’s statute of limitations for car accident lawsuits adds another layer of complexity to any case. This is the time limit in which you are allowed to file your your personal injury case. Car accidents have a statute of limitations of three years from the date of the accident, though there are exceptions.
For example, if your auto accident involves a government-owned vehicle, the time limit is reduced to two years. In other cases, the time limit may be extended, such as if you had severe injuries that left you temporarily incapacitated. It’s important to work with a car accident attorney who can help you navigate this process and file within the appropriate time limit to help you get the compensation you deserve.
Importance of Patience and Persistence with Car Accident Settlements
If you were in a car accident, there is likely going to be a long wait ahead before you get the compensation you are owed for the expenses you’ve incurred. While it can be incredibly frustrating as your bills pile up, it is strongly advised that you try to remain patient throughout the process.
For all the reasons previously mentioned, car accident settlements take time. Being patient ultimately rewards you in the end as your case will have been thoroughly investigated and all liable parties will be determined, resulting in a larger settlement.
Rushing to get your car accident settlement may provide temporary relief; however, it is foolish to do so without fully determining the extent of your losses. For example, if you accept a settlement before you’ve reached maximum medical recovery, you may later discover that your injuries will require additional treatment or surgeries. You’d be stuck paying out of pocket for those expenses rather than the at-fault party covering them as they should.
How Can a Greenville Car Accident Lawyer Help with Your Settlement?
Delays are common when it comes to settling a car accident case. Working with a car accident attorney can help move things along and minimize your wait. Here is how a lawyer can be instrumental in this process:
Familiarity with the Legal System
Personal injury lawyers who represent car accident victims are familiar with the laws that apply to your case. They’re also aware of and well-prepared to counter the tactics that insurance companies often use to delay processing and will step in to reduce these delays.
Calculating the Full Value of Your Claim
Working with a lawyer also ensures that you have someone who can calculate the full value of your economic and non-economic damages. Insurance companies will often undervalue the settlements they offer, especially when an injured victim does not have legal representation.
Covering All the Paperwork
When legal matters arise, there is always a lot of paperwork to go with it. Your lawyer will understand which deadlines need to be met and how to file all legal paperwork correctly. This will reduce delays related to missed deadlines or filing errors.
Negotiating with Your Best Interests in Mind
Along with being able to calculate the full and fair compensation you deserve for your losses, a car accident attorney will be your fierce advocate. If you are being offered less than you deserve, your lawyer will negotiate a sufficient amount to prevent you from settling for funds that won’t cover the losses caused by the at-fault party.
Preparation for Trial
Most car accident cases will never get to the courtroom but if you have sustained life-altering injuries and your case involves multiple liable parties, it could get to that point. If you don’t have legal representation, it can be very difficult to know what to do in this type of setting.
Armada Law works to simplify these legal hurdles in car accident cases with dedicated client support and advocacy. Contact us today for a free consultation regarding your car accident settlement.
