How Long Does it Take to Settle a Car Accident Claim?
Posted in Lawsuit on July 3, 2019
After you suffer injuries in a car accident in Missouri, you can choose to pursue an insurance claim or a personal injury lawsuit; in most cases, you begin with an insurance claim and progress to a lawsuit if the insurance company does not offer you a fair amount. The length of time it will take to settle your car accident claim will depend on a number of factors. A Kansas City car accident attorney can help you decide your best course of action.
Car Insurance Laws in Missouri
Missouri is a fault car insurance state, which means that a person who is at-fault for causing an accident is responsible for paying for the injuries and damages other drivers suffered in the accident. As a driver in Missouri, you must carry the following minimum amounts of coverage to comply with this law.
- $25,000 for bodily injury per person in an accident
- $10,000 for property damage per accident
- $50,000 for bodily injury total per accident
You can purchase more than the minimum amounts if you choose to do so. All drivers must carry proof of their insurance coverage in their vehicles. If you were in a car accident and someone else’s negligence led to your injuries and damages, you have three options for collecting compensation.
- You can file a claim with your own insurance company.
- You can file a lawsuit against the other driver in Missouri civil court.
- You can file a claim with the other driver’s insurance company.
The Car Accident Settlement Process
The process to obtaining your car insurance settlement will depend on what damages you are claiming compensation for and the insurance company you are dealing with. While each company may have its own method of handling your claim, most companies follow the same basic process.
- Soon after your accident, you call the insurance company or go online to file your report. The company will take down your basic information and facts about the accident.
- The company will then send an adjuster to speak with you. This adjuster will ask you questions about your accident and request pieces of evidence.
- The company will provide you with a settlement offer. If you are not satisfied with the offer, you can enter into negotiations or proceed to the lawsuit stage.
The lawsuit stage includes its own set of lengthy processes, from negotiations to discovery of evidence to the trial itself. Most insurance companies try to settle your claim outside of the courtroom, so you may not get to this stage.
Factors That Can Lengthen Your Car Accident Claim
Since car accident claims can vary in length based on the circumstances, it is difficult to provide an estimate as to how long your case could take. However, the presence of certain factors could impact how long it would take for you to receive a settlement.
- The more severe your injuries, the longer your claim may take to complete. You will need to reach a maximum state of recovery for your attorney can calculate your medical damages. If you file your claim before you reach maximum improvement, you may miss out on necessary damages to aid in your recovery.
- If you have to enter into the lawsuit process, you can add an extra year or longer onto your claim process. Most insurance companies try to settle out of court, but sometimes, they can be uncooperative and refuse to offer you a fair settlement. In these situations, you will need to go to court to settle your claim.
- If you have multiple at-fault parties in your claim or liability is not clear, your case could take longer to settle. If the insurance company thinks you may be responsible for the accident, it will push back on your compensation requirements. Your attorney will need time to gather the evidence to prove the other driver was responsible.
You should always contact a car accident attorney as soon as possible after your car accident to assist you with the claims process. Since the insurance company is responsible for paying your damages, you may not receive the highest possible offer. Your attorney can enter into insurance negotiations on your behalf and help you evaluate settlement offers to ensure they are fair and sufficient.