Why Is My Car Accident Settlement Taking So Long?

Waiting for Maximum Medical Improvement (MMI)

One of the most essential factors of any personal injury car accident settlement delay is the need to reach the maximum medical improvement (MMI) date. This is the point at which your condition has stabilized, and no further significant recovery is expected following your injury. This date is used to help calculate settlement amounts. 

This date matters because as time passes, and you continue to navigate your recovery, whether it be visiting the doctor’s office, or dealing with secondary medical concerns that arose directly from your car accident injury, the cost of your medical care continues to tick up.

The maximum medical improvement date is the date that establishes a standard of expectation regarding the total cost of your medical care. This also includes any long-term care and any permanent impairments that might not have been recognized earlier on.

If you settle your lawsuit too early, you risk walking away from compensation you deserve for lasting or permanent damage caused by your accident.

Liability Disputes and Investigation Delays

Another reason why your car accident settlement might be delayed is liability disputes and delays within the investigation. With nearly all car accident cases, liable parties will push back against their responsibility and try to minimize their liability. Insurance companies representing liable parties will also push back against your claims as well in order to minimize payouts.

Additionally, there might be more than one liable party involved. Not only that, but in the event that you were partially liable, the investigation may take a lot longer to determine your percentage of liability, and the percentage of liability other involved parties might hold.

In Nevada, victims can still recover compensation in their car accident settlement under the state’s comparative negligence laws (NRS 41.141), even if they were partially at fault. However, they must not have been more than 50% at fault, and their settlement recovery will also be reduced by their percentage of fault.

As your case unfolds, it’s important that you allow your legal team to investigate your case fully, to collect critical evidence, and to build ironclad rebuttals against any liability minimization claims that may be made against you. Unfortunately, this can be a lengthy and time-consuming process, which can delay your settlement.

Insurance Company Delay Tactics

Insurance companies are notorious for their delay tactics in an effort to minimize your claim or uncover additional evidence that might hold somebody else liable for the accident. These delay tactics are prominent amongst insurance companies for several reasons.

For starters, the longer they hold on to the money, the longer it earns interest for them. Additionally, the longer the insurance company holds out on paying your settlement, the easier it is for victims like you to give in and accept a lower settlement agreement.

Some of the common insurance company delay tactics you might face include:

• Slow responses to your correspondence.
• Repeatedly asking for the same documentation.
• Rotating insurance adjusters that are handling your file so that you have to jump through more hoops than necessary to get the information you need.

· Leveraging an overall complex bureaucratic process that leaves you frustrated.

Collecting Medical Bills and Records

While not as time-consuming as other factors, this next issue can contribute to a delayed settlement payout. Collecting medical bills and records can take time, and it’s important that you carefully collect the documentation you need because these medical records are the backbone of your personal injury claim.

This can be a time-consuming and meticulous task because it requires you to collect documentation from hospitals, specialists, diagnostic labs, and other medical care facilities and medical professionals you speak with.

This documentation will typically be condensed into what’s known as a medical narrative or a chart summary, and it can take time for medical providers and medical institutions to provide this information.

Every Crash Deserves Serious Representation

Not every accident makes the news, but even moderate injuries can disrupt your life. We specialize in representing clients with whiplash, soft tissue injuries, or other moderate auto injuries, and treat each case with attention, professionalism, and respect. Just because your crash is not catastrophic, it does not mean you should not have strong legal support.

Settlement Negotiations and Counteroffers

Once you have the appropriate medical documentation showing the extent of your injuries and the cost of your care, the next step is to move into the settlement negotiation process. This is one of the most complex pieces of the personal injury claims process because it requires legal expertise, clear evidence, and attention to detail.

It’s very rare that the initial settlement offer will lead to an immediate agreement. If you have good legal representation by your side, your attorney will push back against lowball offers to ensure that you get the compensation that is proportionate to your damages.

When the insurance adjuster responds to a counteroffer, this will typically trigger another counteroffer from your attorney. This back-and-forth conversation can take some time and can go on for several rounds before an agreed-upon settlement is reached.

Complex Damages and Expert Testimony

In cases where the car accident has resulted in severe injuries, including catastrophic injuries, permanent disability, or severe disfigurement, your case will not be as cut and dry as your average car accident settlement.

Car accidents that involve complex damages require more attention to detail, clear medical evidence, and an overall greater effort on the part of your attorney to prove your claims and the damages you’re entitled to.

One of the ways attorneys navigate this is through the use of expert testimony. Your legal team may coordinate with experts, including car accident reconstruction experts, medical experts, rehabilitation specialists to determine your earning capacity, and other experts, who can paint a clearer picture of how the accident has altered your life permanently.

Multiple Parties and Insurance Policies

Car accident cases can be complex, and payouts can be delayed when there are multiple parties involved and several insurance policies at play. The delay is rooted in the fact that there are more parties in communication with one another, and it can be trickier to determine fault and liability.

Often, these types of cases involve other passenger vehicle drivers, commercial trucks, rideshare drivers, and even government entities. Every party introduces a new layer of complexity to your case, and resolution naturally takes time.

Medical Liens and Subrogation Claims

It’s important to understand that with car accident settlements, your health insurance provider (including Medicaid or Medicare, if you have it) has the right to recover compensation for the cost of care they paid on your behalf. This reimbursement is known as subrogation or a medical lien.

The subrogation process adds another layer of recovery because after your settlement, you won’t be paid out until all other creditors, like your health insurance provider or other lien holders, are paid out first. Lien holders can be slow to respond in your case, causing you to experience longer wait times in your settlement resolution. Not only that, but these medical providers and lien holders can also negotiate on behalf of themselves as well, which can add another layer of complexity to your case.

Litigation and Court Backlogs

If your case is unable to be resolved through a settlement, then it will move on to the next stage — resolution through a trial.

When your case proceeds to a trial, a lawsuit will be filed and will need to move through the court system to reach a resolution. Unfortunately, many court systems are backed up, and the entire litigation process, which includes discovery, pre-trial motions, mediation, and potentially trial, takes quite a bit of time.

What Actions Speed Up Your Car Accident Settlement?

There are some things that you can do to help your personal injury car accident settlement move along faster. While these tips can help encourage your case to inch forward, it’s important to recognize that there will still be things that are out of your control and that is just the nature of car accident settlements.

Regardless, here are some things to consider if you want to help move your case along quicker.

Stay in Close Contact With Your Attorney

Maintain close communication with your attorney. As your case moves forward, your attorney will continuously reach out to you. Whether it’s updating you on your case or asking you for more information, the quicker you respond to your attorney’s communication, the easier it is for the process to keep moving without hitting a standstill.

Maintain Complete Medical Documentation

As you move through your recovery process, make it a point to maintain control over the medical documentation you receive. A chart summary of your medical picture will help prove your claim.

You don’t necessarily have to wait for this summary to be ready at the end of the process either. Rather, as you meet with medical providers, always ask for a summary of your care and relevant doctor notes, diagnostics, and other medical info that’s presented to you. If you receive test results such as labs, make sure to keep them safely stored with your medical records as well.

Respond Quickly to Insurance Requests

As your case progresses, your insurance company will reach out either to communicate information or ask for information from you. It is important that you respond to all communication quickly. As you respond, keep a record of the communication as well.

Consider Filing a Lawsuit When Appropriate

There will be times when you start the process to pursue compensation after a car accident that involved parties will be slow to respond or might not take your demand letters or claim seriously.

When this happens, the act of filing a lawsuit can be enough of a catalyst to kick-start the process of forcing insurance companies and involved parties to sit down and negotiate a settlement.

Speak with an experienced attorney to determine if filing a lawsuit is appropriate in your case and at what point during your case this action should be taken.

Insurance Company Processes and Administrative Factors

As your case progresses, there are factors along the insurance company process and administrative side that can delay your car accident settlement as well.

Here’s what you need to know.

Insurance Adjuster Caseloads

Insurance adjusters often handle hundreds of claims at any given time. Your case is one of literally dozens that is on their caseload, and because of this, it will take time for insurance adjusters to reach out to you and update you on your case. Following up with your insurance provider is one of the best ways to ensure your case does not fall to the wayside.

Internal Review and Approval Processes

There is an internal review and approval process with all insurance companies. Typically, insurance adjusters do not have lateral authority to make a decision on your case.

Instead, they have senior adjusters and managers to turn to as the negotiation process unfolds. The different bureaucratic layers that your case has to move through all impact how quickly your case can resolve.

Document Processing and Verification

As you move through your case, every piece of documentation that you submit to the insurance company will need to be processed and verified. This process, unsurprisingly, takes time.

Insurance adjusters will meticulously check your documentation, searching for any reason to deny or minimize your claim. Because of this, it’s always important to submit timely and accurate information to the insurance company.

Working With an Experienced Car Accident Attorney

Although the car accident settlement process can be complex, you don’t have to navigate it alone. Working with an experienced car accident attorney can help give you peace of mind as you move forward.

Here’s how they can support you.

Benefits of Legal Representation in Settlement Delays

One main benefit of having legal representation is that it can greatly impact the overall time process of your settlement. Your attorney will continuously follow up with insurance providers to ensure timelines are being met, documentation is being submitted, and that your case is not falling through the cracks.

Attorneys will also keep in communication with you to ensure that you’re on top of legal deadlines and are aware of what’s going on as well.

How Attorneys Accelerate Settlement Resolution

Experienced attorneys bring credible, relevant, and strong evidence to your case which can help minimize settlement resolution time, while maximizing potential compensation.

From hiring expert witnesses to collecting relevant medical records to building a strong case against liable parties, the right attorney can help accelerate your settlement resolution.

If you’ve been injured in a car accident, turn to the experienced legal team at Adam S. Kutner, Injury Attorneys. Get the legal representation you deserve when you schedule your free case consultation today.

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