Each year, there are millions of collision claims, with the average claim costing $5,470. A car accident can result in severe injuries, limiting your ability to work, take care of your children, and perform routine tasks. Many car accident victims spend their time consulting with specialists, attending physical therapy, and undergoing multiple surgeries to try to return to their pre-accident state.
This medical intervention impacts more than a person’s pocketbook, forcing accident victims to give up time with loved ones. Given the uniqueness of any collision, a car accident claim can take several weeks or months to settle. In this article, our car accident lawyers in Santa Barbara discuss factors affecting the settlement timeline and how to help streamline the process.
Severity of Your Injuries
The severity of your injuries will dictate the extent of medical care you require. Medical imaging, laboratory testing, physician visits, and surgeries can cost thousands of dollars. You will not know the full extent of medical damage until insurance claims are processed, which differs between insurance companies. The more serious your injuries are, the longer your claim will likely take to settle.
Recovery Period
More severe injuries generally mean a longer recovery time. Most personal injury cases do not settle until the accident victim reaches the point at which he or she will no longer make any substantial physical recovery, known as maximum medical improvement (MMI). Your treating physician determines MMI. Only after reaching MMI can future medical expenses be calculated, allowing you to know the entire worth of your car accident claim.
Quantity of Relevant Evidence
The amount of relevant evidence will significantly affect how long it takes to settle your car accident claim. Scant evidence may require further investigation, while a copious amount of evidence will take the insurance company longer to examine.
Determining Liability
Depending on the complexity of the accident, it may take quite some time to determine liability or if both parties share liability. If it appears that you bear partial responsibility for the crash, then the insurance company will need to determine your degree of liability. Under California’s pure comparative negligence law, an injured party can recover even if the individual is 99% at fault.
Claim versus Lawsuit
Generally, settling a car accident claim will be faster than taking your case to court. Unlike the open-endedness of trial, insurance adjusters must adhere to strict deadlines by law. In California, insurance companies are only permitted 40 days to accept or deny your claim after receiving proof of loss. If the carrier needs more time, they must explain it in writing and update you every 30 days regarding the status of your claim.
On the flip side, if you decide to take your case to court, the process by which both parties formally exchange information, known as discovery, can take six months (or more!) to complete. While you may question if the time and expense are worth the stress, you are more likely to receive a better award from a jury than through settling with insurance. In the long run, litigation may be the right move.
Distinguished Counsel Based on Experience, Knowledge, and Skill
When you work with the Santa Barbara car accident lawyers at Bamieh & De Smeth, PLC, we will review the facts of your case, conduct our investigation to verify the authenticity of the evidence, and discuss your legal options with you. We understand that the court costs can increase quickly, creating further stress in an already stressful situation. If we believe that heading to court is your best option, we will do everything possible to help your case progress smoothly.
Consult Our Car Accident Attorneys in Santa Barbara Today
While there is no knowing exactly how long it will take to settle a car accident claim, you want competent representation to help move the process along. At Bamieh & De Smeth, PLC, our Santa Barbara car accident lawyers are dedicated to assisting clients in recouping the full extent of their losses. Do not let someone else’s negligence leave you with medical bills and other expenses. If you have recently been injured in a car accident, don't hesitate to get in touch with our office online or by phone. We offer free case evaluations.
