How Long Will A California Accident Victim Wait For A Settlement?
This article is by Edmond El Dabe, a premier and trusted personal injury lawyer in Los Angeles.
After a vehicle accident, a person will have bills to pay. They may be expecting money from a settlement to pay them. Many vehicle accident victims get frustrated at the length of time it takes to settle their claim. Most people can get a quick settlement if they’re willing to settle for much less their claim’s true value. Experienced attorneys will ask their clients how much money they’re willing to give up in order to have their claim settled quickly.
Why Is My Claim Taking So Long To Settle?
There are a number of reasons it may take time to settle a vehicle accident claim in California. If a claim involves a substantial amount of money, an accident victim will wait a long time. The insurance company will try to settle for as little as possible, and the negotiations between the insurance company and victim’s attorney could take time. In some cases, there may be legal as well as factual issues with the claim. This could involve a vehicle accident victim driving with a suspended driver’s license and more. An attorney may request a vehicle accident victim to wait until their client has the most possible medical improvement from their injuries.
Do Injuries Impact Settlement Length Time?
One aspect of a vehicle accident that is very contentious between the victim and the defendant is the amount of damages demanded in a claim. If the calculated damages are considered low by the insurance company standards, a quick settlement may be offered to dispose of the case. Should an insurance company believe the medical bills are excessive and not valid, this could affect a claim’s settlement time. The insurance may want to investigate the claim for possible fraud.
What Problems Could Impact A Case?
The amount of a settlement a person will receive is determined by who was liable for the accident as well as the injuries and property damage that occurred. In the state of California, it will be crucial to determine who is at fault for a vehicle accident. In many cases, an insurance company won’t provide a settlement amount until this is determined. This could involve attorneys providing evidence to prove who was at fault in the accident. There could also be a problem with determining damages. An insurance company could allege a person had an injury or damage to their property prior to the accident. If there is evidence that can prove these allegations, the insurance company may delay paying a claim until this is shown to be true or false.
Are There Other Relevant Factors?
Each vehicle accident will have its own set of unique circumstances. It’s possible for a vehicle to have stopped to avoid another vehicle and in the process be hit from behind by another car. This will have to be confirmed. When a government entity is involved for lack of proper road maintenance, improper warning signs as well as malfunctioning traffic lights and more, it may take time to confirm these things. It’s also possible for a vehicle accident to be improperly documented. A claims adjuster may not be able to get the necessary paperwork. Many different relevant factors could influence the time it takes for a vehicle accident settlement to be processed.
What Is A Payout Window?
Once an insurance company has agreed to a settlement amount, the law determines the amount of time they have to release the money. This is known as a payout window, and most of them are 30 days. Problems still result because California can let an insurance company place holds or release conditions on payouts for settlements. There could be conditions a plaintiff must comply with before they can take physical custody of the settlement amount. An insurance company could take several weeks to make these conditions clear.
Does An Attorney Get The Settlement Check?
Many of the checks involved in a personal injury settlement will be given by the insurance company to the attorney who represented the vehicle accident victim. The check will then be deposited into a trust account. Once the check has cleared, the attorney will keep the percentage that was agreed upon. This will be in the signed agreement between the attorney and the accident victim. Once this is done, the reminder will be sent to the accident victim. This process could take a few weeks.