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Factors That Can Delay a Car Accident Settlement

May 15, 2023

The timeline for the settlement of car accident claims varies depending on the circumstances of each case. Some personal injury cases end quickly, while others can last a few years. Explore some of the reasons for a delay in your car accident claim.


No Legal Representation


The first thing to do after a car accident is engage a personal injury attorney. Attempting to pursue a claim without legal representation will often delay your settlement. An attorney will file all claim materials within the required statutory limitation period.


Additionally, your attorney will identify the applicable insurance and notify the carriers of your claim. Lastly, your attorney will ensure the insurance company responds to your claim quickly and awards you fair compensation.


Complicated Injuries


Before you receive a settlement for a car accident claim, the insurance adjuster or judge needs to clarify your injuries. Obtain a medical report from a doctor explaining the condition of your injuries. The report shows you have recovered, you will recover after a certain period, or your injuries are permanent.


The medical report is one of the basic elements for determining the damages you will receive. However, delays in obtaining the medical report may arise if you have serious injuries. In this case, the doctor cannot provide a definite timescale for your recovery. 


One of the reasons is that you have to undergo further treatment and tests such as ultrasound and MRI scans. Also, the doctor may not have the expertise to comment on your injuries and will recommend further analysis from a specialist like an orthopedic surgeon. All these factors will delay the time you need to settle your claim.



Arguments Regarding Who Is at Fault


Proving liability is one of the things that causes an insurance company to delay making a settlement offer. Evidence like a police report, witness statement, or a traffic ticket indicating the driver was reckless can strengthen your claim.


Your attorney will help you gather all relevant evidence and present it to the insurance company quickly. Otherwise, if you have insufficient proof to support your claim, the insurance adjuster could use delay tactics to get you to accept a low offer.


Failure to File the Claim in Time


The deadline for filing a claim will vary depending on the health insurance providers. If you delay submitting your claim, expect a delay in the settlement process since the investigation by the health insurance provider will usually take longer. This is one of the reasons to involve an attorney in your case early to speed up the claims process.


Exchange of Information Between the Insurance Firm and Hospital


In some cases, a delay in the settlement of your claim may arise because of issues between the insurance company and the hospital. One of the issues is when the hospital delays sending the health insurance company the discharge summary.


Another issue arises when the hospital delays in sending the final bill to the health insurance company. The faster the discharge summary and final bill reach the insurance company, the sooner an insurance adjuster will review them. When the insurance company clarifies the authenticity of these documents, the settlement process will commence immediately.


If you have sustained injuries in a car accident, you might expect immediate compensation. However, the settlement process is more complicated than submitting a claim and receiving damages.


To speed up the process, you need a seasoned personal injury attorney at Borbi, Clancy & Patrizi. Contact us today to help you jump-start the settlement process. We will be happy to go over any questions or concerns you have. We will let you know what you need to help your claim.

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