If you have been injured in an accident, you are probably anticipating a lot of medical bills and a smaller paycheck due to all the time you have missed off work. You have insurance, but you are wondering how long it will take to settle your claim. A lot of how long an insurance claim takes to settle depends upon the amount of damages you are claiming and the amount of supporting evidence that you present to your insurance company. It also depends on whether or not you accept the insurance companies first offer.
What Happens When You File a Claim?
When you first have an accident, you will call both your insurance company and the other driver’s insurance company. They will ask you a series of questions and they may ask to record your answers. Remember that you have the right to refuse the recording, and most attorneys would recommend that you refuse. They will then have 15 days to acknowledge the claim and an actuary will likely call you back to ask you more questions. They will ask you to send them any evidence that you have regarding fault in the case. After they get the evidence, they will have 40 days to approve or deny your claim.
Establishing Fault
When it comes to auto insurance, California is a fault state. If a person is responsible for an accident, then their insurance company must pay the cost of the damages. California is a “pure comparative state.” This means that funds will be divided between the drivers according to their particular amount of fault. If the damages in the case total $8000 and you are forty percent at fault, you can recover $4800 from the other driver’s insurance company and they can recover the remaining forty percent from your insurance company.
Obviously, fault in an auto accident has to be clearly established before an insurance company will be willing to pay any money. Establishing fault is easier in some cases than others. If you were obeying all the signals and speed limits when another driver rear-ended you, the fault in the accident may be pretty cut and dried. If you were turning in high fog on a corner with no stop signs, fault may be more difficult to establish. A personal injury attorney can assist you in gathering evidence and can negotiate with your insurance company on your behalf. In some rare cases, where fault is hard to establish you may even need a lawyer to represent you in court.
Accepting a Settlement
If an insurance company accepts your claim, they will make you a settlement offer. They are almost certain to lowball you. A good law firm like, The King Law, can use their years of experience with personal injury law to convince the insurance company to pay you what you deserve.
Once you have accepted an insurance company’s offer, they have 30 days to pay you. Although it can be an arduous process, getting reimbursed for your medical expenses and auto damages is important. A fair settlement can help you get back on the road and on with your life.
*Authoritative Sources:
- https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2289&context=facpubs
- https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2289&context=facpubs
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