How Long Does It Take to Get a Settlement Check from A Car Accident?
How Long Does It Take to Get a Settlement Check from A Car Accident?
The number of car accidents tends to rise. Due to the increasing traffic and the growing number of cars, car accidents have become a very common thing nowadays. However, most people are still not familiar with claiming a settlement check after a car accident.
It’s for this reason why you should always go for car accident settlement checks. If you are involved in a car accident that results in damages or injuries, you have the right to seek fair compensation from those who are at fault. Read below to know how to get a settlement check from a car accident.
How Long Does it Take To Get A Settlement Check From A Car Accident?
The answer to this question may vary a lot. Unfortunately, there’s no definitive answer to predict how much time your settlement check claiming process will take.
Just remember that every case is different. To determine how long will it take to finish the whole process, we must first look at the specifics of your case.
Simple cases take less time. If the fault is obvious, insurance coverage is sufficient to cover the losses, and if you didn’t suffer from a permanent injury, you may receive your settlement check within a few weeks.
Nevertheless, car accidents do not always happen under “ideal” circumstances. At times, things are not always crystal clear. As a result, extra steps must be taken to clarify matters.
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The process typically begins with a demand letter outlining the claims. In simple cases, the insurance company may haggle a little, but in the end, it most likely will settle. In many jurisdictions, however, there is no set legal time frame for an insurance company to answer your demand letter. Thus, the company may use this situation to its advantage.
Even when the case is clear, you may need more time to receive your settlement check. Many additional factors will also lengthen the time required to resolve a traffic accident case. This may include any factor that makes any of the parties reluctant to accept the given settlement amount.
The severity of damages and injuries is key to how long will it take to finish the settlement process. The more severe the damages and the injuries, the longer the process will be.
However, the process will be quicker for old vehicles. If the accident broke your 20-year-old Toyota, it is unlikely that your settlement will be delayed significantly. The same thing applies to minor injuries as well.
Negotiations will also be carried out. This especially happens when the accident totals a brand new high-end car. If the accident resulted in a life-long injury such as brain damage or paralysis, the insurance company or the at-fault party will likely try to slow down or even prevent the whole settlement process.
During these times, cooperation level is also a determining factor. If you have severe injuries, the affected parties will almost certainly try to reduce how much they have to pay and may be unwilling to meet the preliminary settlement requirements. When someone is obliged to pay a huge sum of money, whether it is the negligent driver or the insurance company, it is unlikely that the party will be very cooperative.
The legal proceeding can also lengthen the process. If initial settlement negotiations fail, you can file a legal complaint on your behalf. If the insurance company then thinks there is a valid reason to contest the claim, you could be in for a long fight.
Should You Consult An Attorney to Getting Car Accident Settlement Check?
Attorneys may take different routes. In a car accident case, different lawyers may have different perspectives on when it is appropriate to file a lawsuit on behalf of their client. Some will immediately file a lawsuit as soon as a client calls while others may choose the opposite way.
Both alternatives have acceptable supporting theories. If your lawyer files the lawsuit right away, he or she will force the insurance company to face you in court, putting additional pressure on the company's side. The other option, on the other hand, is that if the insurance company is confident enough to fight the settlement deal, challenging the company with an early lawsuit would not change the company's thoughts.
In some cases, filing a lawsuit immediately may give you an advantage. If the insurance company is willing to fight the settlement agreement in court, you should file a lawsuit as soon as possible because delaying the lawsuit would only waste more of your time.
Just remember that a lawsuit doesn’t always mean a trial. Filing a lawsuit might only increase the chance of your case going to trial only by a little bit. In reality, your case might settle at any point before the jury comes back with a verdict.
The steps in a legal proceeding are pretty well-described. The procedures involved usually include a discovery conference, discovery, pre-trial motions, trial, and, lastly, appeals. Typically, all the steps mentioned can be halted or prolonged, but court processes require that a case be handled in a specific order.
The court and the involved parties will meet for the first time at the discovery conference. Each party would send document requests as well as interrogatories to each other. Furthermore, each party must answer with the relevant documents and information.
As much as possible, be careful with traps from the insurance company. After the discovery conference, there will be pre-trial and trial procedures. An insurance company is very familiar with handling accident claims, it already knows the do’s and dont’s in those procedures. Thus, a reliable attorney will assist you in avoiding the traps and tricks used by insurance companies to decrease the value of your car accident settlement.
When to Get Settlement Check After Car Accident
Each car accident case is unique, and each settlement takes a different amount of time. Many will pass quickly while others will not. In other words, the length of time it takes for you to finally receive your car accident settlement check is determined by your case. If you are ever involved in a car accident or have concerns about it, you can approach a car accident lawyer right away.
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