If you or a loved one has been injured in a car accident, it may feel like the nightmare may never end. So, it’s natural to wonder how long it can take to settle a personal injury car accident case. The short answer is, it really depends. There are many variables at play and each personal injury car accident case is unique. While many of these types of cases can be settled within a few days to months, some more complicated cases can take years. If you or a loved one has been injured in an auto accident due to another driver’s negligence, our experienced personal injury attorneys are here for you every step of the way to ensure that your rights are protected, and you are fully compensated for your injuries and losses.
How Long Does an Insurance Company Have to Settle a Claim in Illinois?
Understanding insurance terms can help you decipher some of the jargon, such as property damage liability claims and bodily injury insurance claims. However, beyond that, understanding what is and isn’t reasonable when dealing with the insurance company is also essential.
When the at-fault party has caused your accident and injuries, you must contact the other insurance company to file your claim. The insurance company has a duty to acknowledge your claim within 15 days and then start their investigations to determine whether they will accept the claim and pay your settlement or deny it.
Responding in a timely manner is imperative, as there are statutes of limitations that impact personal injury lawsuit timelines. If you need to take legal action due to the costs of your injuries being higher than the insurance coverage provided by the other driver’s insurance policy, you will be left with little time to act.
Reasonable promptness is expected during the claims process, and generally, allowing for up to 60 days after the initial acknowledgement is reasonable. Long response times can hinder your case, and if the insurance company feels that it needs more time to resolve the claim, it should notify you of these delays with an explanation and a timeline for the resolution. For example, if the crash was complex and involved multiple parties, it may take them longer to conduct investigations and gather evidence. Still, the company should be keeping you informed throughout this process.
Factors Affecting Length of Personal Injury Car Accident Case
Some personal injury car accident cases are pretty cut-and-dry with clear liability and more simple injuries. Other cases are more difficult and require more time to fully investigate and develop.
Some of the factors that affect the length of time it takes to settle a personal injury car accident case include:
The Cooperation of the Insurance Company During the Insurance Claims Process
Insurance companies are notorious for both dragging their feet and offering a quick settlement in hopes that the injured party will accept, and the claim will be considered settled. However, settlement negotiations can take time, especially if the insurance company thinks you may be exaggerating injuries.
Type and Severity of Injury Caused by the At-Fault Party
Questions involving the injuries in a personal injury car accident case can tie up a case for a long time. Injuries like whiplash, soft-tissue injuries, or chronic pain can be considered too generalized and often insurance companies do not want to pay out.
It is also possible that the full extent of an injury does not initially present itself at the time of the accident. Recovery time is hard to give an exact timeframe for, and treatments may be ongoing, making an accurate determination of compensation more difficult. Waiting for maximum medical improvement is often encouraged by attorneys to ensure that the car accident settlement award accurately reflects the full extent of medical bills and future medical needs.
Whether Legal Proceedings Are Needed for Car Accident Settlements
When an insurance company denies a claim or offers a settlement that is too low, a plaintiff has the right to contact a personal injury lawyer to initiate the civil claims process. This process has more extensive investigations and out-of-court negotiations processes, but if a suitable settlement cannot be reached, the case can then proceed to trial which comes with a new and lengthy time frame.
Generally, personal injury car accident cases that involve questionable liability, more serious injuries, and potentially high settlements will take longer to resolve than those more straightforward claims. The time it takes to settle any case varies, but it is best to talk to an experienced personal injury lawyer before you accept any settlement to ensure you receive the compensation you deserve for your personal injury car accident case.
Spot the Signs of Bad Faith in Illinois Insurance Companies
Insurance companies, for the most part, will behave properly when it comes to most car accident settlements by either issuing an approval or denial of the claim. However, some may act in bad faith in numerous ways, such as not responding within a reasonable period or creating unnecessary delays. A company that acts in good faith will always respond on time and abide by what is stated in the policy. Bad faith insurance includes:
Claim Denial Without Justification
When an insurance company rejects a claim for a fair settlement to an injured party without providing clear reasoning in this time period, it is an act of bad faith. In Illinois, insurance carriers are required to state precisely why a claim has been denied and this reason must be listed in the policy coverage documents. In other words, they can’t adjust their wording to deny your settlement to suit their needs.
Using Delay Tactics
Taking a long time to respond after you file for your claim, or changing adjusters on the case are common ways that insurers try to stall for time. They drag the case out, making you desperate for their low settlement offer on your claim.
No Communication
Illinois insurers are required to follow the rules and this includes responding to claims and correspondence. They should reply to your inquiries and provide all necessary information about claim status.
Misrepresentation of Insurance Coverage
The value of your claim depends on the policy coverage is one metric of many factors. When insurers fail to properly represent the policy, then deny claims, it is an act of bad faith.
Not Offering a Fair Settlement
When you provide forms and gather evidence to show the extent of your losses, insurers might offer low settlements. However, when this amount is drastically lower than the value of your claim and they are trying to pressure you into taking it, they are not acting in good faith.
How an Experienced Attorney Can Help You Settle Claims with the Insurance Company
We at 844SeeMike Personal Injury Lawyers are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in an auto accident, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
If you or a loved one has been injured in an auto accident due to another driver’s negligence, contact 844SeeMike Personal Injury Lawyers for a free consultation. Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people and not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.
Lastly, 844SeeMike Personal Injury Lawyers are not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
