If you’re dealing with the aftermath of a car accident in Indiana that someone else caused, you’re probably eager to see the insurance company accept your claim and pay you a settlement. Unfortunately, the process can drag on sometimes. In some cases, delays are legitimate, as claims take time to investigate, process, and close out. Other times, they reflect a deliberate attempt by an insurer to slow-walk things and aggravate a claimant into accepting a smaller offer out of desperation.
If things seem to be taking longer than they should, it’s a good idea to contact an experienced car accident lawyer. They can intercede on your behalf, determine what’s causing the hold-up, and demand the insurer fulfill its obligation to you.
What Are Some Factors That Can Affect Car Accident Settlement Time?
Several factors can affect how long it takes to receive a settlement, including:
- The Complexity of the Case – Cases involving many different parties or complicated types of evidence can take longer to sort out. No insurance company wants to pay a claim that it doesn’t have to.
- The Severity of Injuries – Settlements for serious injuries often take longer because it is essential to understand the full extent of the medical treatment needed and what long-term impact those injuries might have on the claimant’s life.
- Disputes Over Liability – Arguments over who’s to blame for an accident will necessarily prolong the settlement process. Resolving such liability disputes may require additional and more intensive investigations.
- The Negotiation Process – Back-and-forth negotiations are often a part of reaching an agreement on the value of a claim. If the initial offers are too low, it may take longer for both sides to work toward a satisfactory resolution.
What Is the Typical Timeline of a Car Accident Lawsuit?
Insurance claims that eventually result in a car accident lawsuit and a jury trial involve the following steps:
- Getting medical treatment and retaining medical bills
- Gathering documentation to support an insurance claim
- Consulting with an attorney who can independently investigate the accident
- Filing the initial insurance claim
- Negotiating for a fair settlement
- Filing a lawsuit if negotiations break down
- Going through discovery to establish facts and winnow down items in dispute
- Attending mediation sessions to continue negotiating for a settlement, as appropriate
- Conducting pre-trial motions and hearings
- Preparing for trial
- Settling the claim or receiving a verdict from the court
The initial stages of this process can take a few weeks or months to complete. Negotiations can take longer, up to a year or more. Expect a longer timeline if your case goes to trial.
Are There Any Tips for Expediting My Car Accident Settlement?
If you find your car accident claim taking so long to be handled, you can do your part in moving the claims process along by:
- Providing All Necessary Documentation Promptly – Submit relevant information to your attorney or insurance company as soon as possible. Having complete and organized documentation can help avoid unnecessary delays.
- Being Responsive and Cooperative – Respond quickly to requests from your attorney, insurance adjusters, or other involved parties. Being proactive and available means other parties aren’t waiting on you.
- Continuing Your Medical Treatment – Follow your doctor’s recommended treatment plan diligently and provide updates to your attorney. Delays in completing treatment or lack of medical documentation can slow down settlement negotiations.
What Are Some Tactics That Insurance Companies Might Use to Delay Paying a Settlement?
Insurance companies have plenty of tricks up their sleeve to delay the settlement process and aggravate a claimant. These include:
- Taking a long time to respond to communications
- Requesting excessive or unnecessary evidence
- Insisting on independent medical examinations
- Downplaying the extent of injuries
- Blaming pre-existing conditions
- Continuing to make lowball settlement offers
If it seems like the insurer is slow-walking your claim, it might be time to take legal action. Reach out to a car accident attorney to explore your legal options.
What Is Insurance Bad Faith?
Indiana law requires insurers to handle claims in good faith — that is, to make every attempt to meet the conditions of the contracts they sign with their policyholders. This means investigating claims promptly, communicating with claimants openly, and paying those claims fairly. The opposite of this is bad faith, which Indiana law further defines as:
- Misrepresenting relevant facts and coverage details
- Failing to acknowledge communications promptly
- Failing to implement standards for the prompt investigation of claims
- Refusing to pay claims when an investigation suggests they are covered
- Failing to affirm or deny coverage in a timely manner
- Not attempting to make prompt and fair settlements in cases of clear liability
These are just a few of the enumerated examples. If you suspect the insurance company is not treating you fairly, you could be the victim of bad faith insurance tactics. Contact an Indiana car accident lawyer immediately.
Can I Pursue Legal Action Against the Insurance Company If They Are Taking Too Long?
If the insurance company is taking too long to process your claim, you may have grounds to take legal action.
First, you can put pressure on the company to make you a fair offer by filing a lawsuit regarding the underlying car accident. This puts them on notice that you intend to take them to court if they do not make you a fair offer. Insurers hate going to court, as the process is expensive, drawn-out, and uncertain.
Second, if the insurer has dealt with you in bad faith, you may have a claim against it directly. Bad faith tactics are a violation of state law, and they could entitle you to further compensation beyond what the insurer owes you for the accident.
In either case, an Indiana car accident lawyer should be your next call.
Get Help Today from an Experienced Indiana Car Accident Lawyer
Are you dealing with the painful aftermath of a car accident in Indiana? Is the insurance company taking forever to process your claim and pay you so you can move on with your life? If so, the legal team with Truitt Law Offices can step in and negotiate on your behalf, backing up our bargaining position with the threat of legal action.
We have 40 years of experience holding insurance accountable for their policyholders, and our 100+ five-star reviews on Google speak to our success on behalf of clients like you. Contact us today for a free consultation with an Indiana car accident lawyer, and let’s discuss your next steps together.
