One of the more common questions that get asked after you have been in a car accident is ‘how long will it take for the insurance company to pay my claim’? There is no firm answer to this, it can take anywhere from a couple of days to years before your claim is paid. A simple straightforward claim is pretty rare and there is a lot more to dealing with processing your claim than you think. Let’s look at what can affect when your claim is finally paid.
Holding Up Your Claim
If your car accident attorney is giving you a vague answer as to when your claim will be settled it is because he genuinely doesn’t know. He may give you a ball park figure but nothing is set in stone. There are a couple of things that can slow down your claim such as whether any party in the accident has claimed liability. In other words, who was responsible for the accident? If that is in doubt that can hold up your claim.
Damage to Your Car
This is probably the most straightforward part of filing your claim. Once you have been in an accident then your car gets taken to your mechanic or local body shop where the damage will be assessed. An insurance adjuster will either come and look at your car or they will talk to the mechanic and get a report on the damage. From there they will decide if your car is worth repairing or not. If you have no injuries and there was only damage to your car then the insurance can pay out the claim fairly quickly.
If you have medical injuries then that is what will hold up your claim. First your doctor will have to determine the extent of your injuries and how long it will take you to recover. Spinal cord injuries, head injuries and soft tissue damage like whiplash can be difficult to diagnose and the recovery can be long. Added to that is the amount of time that you will be off work. It can be difficult to determine your level of compensation you need to deal with the accident and the after effects. Oftentimes the insurance company will disagree with your doctor’s assessment of your injuries and want a physician of their own to examine you. When it comes to medical injuries you absolutely want to have an auto accident attorney representing you so you don’t get shortchanged. Insurance companies may offer lump sum payments but that may not be adequate enough to deal with an injury that leaves you disabled and unable to work.
Going to Court
If you end up having to take your insurance company to court to get your settlement paid that can take years. When your attorney won’t give you a timeframe on when you can expect a payout it is genuinely because they aren’t sure. Insurance cases can be complicated.
If you’re an adult living anywhere in North America then it’s highly likely that you drive and own a car. Driving is something most of us take for granted but sometimes tragedy strikes and you find yourself in an accident. You have insurance in place to help cover your expenses should you be involved in an accident. Insurance can help with the cost of repairs to your car along with any medical bills you may incur because of the accident. Insurance companies aren’t always willing to pay your claim and that is why you need an auto accident attorney.
When you’re involved in an auto accident, be it a small fender bender or a far more serious accident involving property damage or injuries you will need to put in a claim with your insurance company. Insurance companies are notorious for not paying out, stalling or not paying you the compensation that you deserve. They also make the paperwork complicated and difficult to fill out. An attorney can help protect you and make sure that the insurance company pays what is owed to you. Let’s look at what how an auto accident attorney can help you.
- They can make sure that the paperwork is filled out completely and properly to satisfy the insurance company for your claim.
- They can assemble police reports, medical reports and any other accident reports that the insurance company demands.
- Making sure that the damage to your car is repaired or if the car is written off by the insurance company that you are paid for the replacement value of your vehicle.
- Your attorney can determine the amount owed to you to cover your expenses such as medical expenses, time off work, etc.
- If the insurance company decides not to pay the claim for one reason or another then your attorney is there to begin the negotiations. Sometimes insurance companies will offer a settlement, your attorney can advise you on whether you should accept the offer or not.
- If a claim can’t be settled with your insurance company then you may have to take your case to court. You will need an attorney to represent you and make sure that your rights in the suit are protected. They will present the evidence and argue on your behalf. They will seek compensation for the damages that you have suffered as a result of your accident.
Getting into a car accident is traumatic enough on its own without the insurance company delaying payment or giving you a hard time. Get an attorney on your side right away to make sure that you get the compensation that you deserve.
Car accidents happen on our roadways every day, and most of the time, the damages are covered by your own insurance company. However, if another driver or the accident hit you is their fault, then it is their insurance that is responsible for paying the claims. What happens when the other driver has no insurance? This can be a huge problem, especially if you have been injured and your car is no longer driveable. Let’s look at what can happen in this situation.
Bear in mind that not every state will require you to carry motor vehicle insurance, but for the sake of example, we will discuss the situation where insurance is mandatory. There are still plenty of drivers that don’t have sufficient liability insurance for their vehicles. They still get into car accidents, but now they are personally liable for vehicle repairs, medical expenses, hospital stays along with car rentals. Not only are they financially responsible for your losses, but they can also be in legal hot water for not having insurance. They can face fines, license suspensions, and criminal charges for the accident. Here is a look at what happens when you drive without insurance.
Leaving the Scene of the Accident
Far too often, the driver who caused the accident and has no insurance will choose to flee the scene rather than take responsibility for the damage they have created. If this happens to you, then you need to make a police report immediately. It will be up to the police to track them down and charge them for the damage and fleeing the scene. If they aren’t caught, then it will be up to your insurance company to pay for the damages incurred for all involved in the accident.
No One Has Insurance
In the case of the states that do not require you to have at least a liability policy for your car and two uninsured drivers get into an accident then it will be up to you to take the at-fault driver to court to recover your costs. If the other person flees the scene or has no income or assets of their own, then you are left to pay for all damages on your own. This is why you should have insurance even when it is not required and have a good auto accident lawyer to fight in your corner.
There is nothing quite like the feeling of riding your motorcycle down the highway with the wind in your hair. While motorcycles are fun to drive, but they aren’t without their dangers and accidents do happen. If you ride a bike regularly then you need to know what to do when you have been in a motorcycle accident. What happens after the accident can affect legal problems in the future or what happens with your insurance. Here’s what to do if you have been in an accident.
Check for Injuries
Making sure that yourself or anyone else involved in the accident should always be your first priority. If anyone has been injured then call 911 immediately. Calling for help does not imply liability in any way. Turn all engines off and make sure your hazard lights are on to warn any other drivers.
Capture the Scene
Once you have determined that everyone is safe then it is a good idea to get some documentation of the accident scene. Use your phone to take some pictures, that being said do it safely, don’t get hit by a car trying to take pictures. Get as many angles as you can it will help you with your case in the future.
Call the Police
If anyone has been hurt and you called 911 then the police will show up anyway. However, if no one has been injured you should still call the police if the other person in the accident has been drinking or fled the scene. The officer assigned to the accident will investigate and ask you to make a statement. You should get in touch with an attorney before you do that, they will let you know what to do.
Call an Attorney
Not every accident needs the help of an attorney but more often than not you’re going to need one. If you have been accused of causing the accident or you have any injuries because of the accident then you are going to want an attorney. Insurance companies often refuse to pay out or they offer far less than what you are owed and an attorney can make sure that you are treated fairly.
Call Your Insurance Company
Lastly, you will have to get in touch with your insurance company. They are going to want some basic information from you including the policy number and the details surrounding the accident. They will probably also require a police report of the accident to verify the details.
Motorcycle accidents can be confusing and you may not know what to do. Follow these tips if you need them, but always ride safely.