Seeking compensation after being injured in a Missouri car accident can be a confusing process. In many cases, a victim has the right to a fair settlement, but how long does a settlement take?
Missouri Car Accident Settlement Timeline
When filing an insurance claim for a car accident case, insurance companies must follow state and local laws to prevent drawing out cases and wearing out the victim. Although every case is different, most follow a timeline that can take 9 months or less.
Filing an Insurance Claim
The first step in the accident claims process is filing a claim with insurance. Depending on the circumstances of the accident, the injured party may choose to file with either his or her own insurance or the at-fault party’s insurance. When filing the claim, it’s important to include evidence that supports the injured party’s claim, such as a police report, video or photos of the scene, and medical bills.
Investigation – Determining Fault
Understanding who was at fault for the accident is one of the most important steps in a car accident claim because it also determines who is entitled to compensation and how much. Because Missouri utilizes comparative negligence in car accident cases, you can still file a claim and receive compensation if you were partially at fault for the accident. Typically, the insurance company will determine who was at fault and what percentage during an investigation, where they will review evidence and put together a compensation package for the victim.
Negotiations
Often, the first insurance settlement offer is far below the amount that the victim is entitled to. Insurance companies hope that the victim will simply accept the offer without calculating the damages owed, which can be a costly mistake for the injured party. A skilled Missouri car accident attorney can help during the negotiation process by assisting the client with calculating damages and negotiating directly with insurance companies for a fair offer. It may be necessary for the attorney to present further evidence to prove the claim and reasoning for the refused offers.
Settlement Agreement
A large majority of car accident cases in Missouri are settled without going to court. Once the victim and insurance companies come to an agreement, each party signs the settlement. The victim should expect to receive a check within a few weeks. However, if the victim decides to sue, the process will take several more months or even years.
What Impacts How Long a Car Accident Settlement Takes?
There are several factors that may impact the amount of time it takes to settle a car accident case in Missouri. Each case is different, and even similar accidents may take different amounts of time to settle.
Insurance Coverage
Although all Missouri drivers are required to carry motor vehicle coverage, each policy and insurance company is different. While bound by state laws, company policies and procedures can impact the amount of time it takes to come to a settlement agreement.
Liability
It’s not usually clear who was responsible for the car accident. In those cases, an investigation must occur for the insurance company to determine fault and apply comparative negligence rules to the amount of compensation someone can receive.
Severity of Injuries
Cases that involve severe injuries or those that require ongoing treatment can take longer to settle. That’s because insurance must calculate current and future damages associated with the injuries. More treatment means more evidence to review, which will take much longer.
Complexity of the Accident
While some cases are fairly straightforward, others may involve multiple drivers with conflicting stories. It takes time and skill to sort out the facts of such cases, which may delay settlements.
How to Reach a Settlement Faster After a Car Accident
The impact of a car accident can be devastating. In order to receive compensation faster, the best option is to choose an experienced Missouri-based lawyer who specializes in car accident cases. Your attorney has a detailed understanding of state laws as well as the experience necessary to deal with insurance companies. An attorney can also help you calculate damages, gather evidence, and provide other services that can speed up the settlement process.
If you were injured in a car accident and need assistance in seeking a fair settlement, contact the law team at Dreyer & Tinney to schedule a consultation today.