You've settled your car accident claim in New York, but it is taking a long time to get your check. Why? While the claim or lawsuit filing process can occasionally seem drawn out, persistence and patience are the keys to securing a better settlement. There isn't a specific timeline for resolving a car accident claim. Every case is different, and the time it takes to settle your claim will depend on the circumstances of your case.

A car accident settlement may be quick, particularly if there was little property damage and no one was hurt. However, in some cases, it may take several months or even years. Although hearing this can be discouraging, collecting the top compensation usually requires aggressive negotiations between your lawyer, the insurance companies, and defense lawyers. Many factors come into play, which will be highlighted below.

If you have been involved in a car accident, reach out to the NY car accident lawyers of Brandon J. Broderick, Attorney at Law. We have extensive experience and can help you get the compensation you deserve.

Reasons Why Your Settlement Is Taking A Long Time

High Value Claims

Your settlement from the vehicle accident may cover your overall medical costs, lost wages, and property damage, among other things. The amount of time it takes to resolve your claim may be longer if there has been serious injury or significant property damage. The negotiations become more difficult and drawn out by the insurance company as your claim value increases. 

Negotiation Strategy

Your car accident lawyer will begin talks with a settlement demand letter outlining your injuries and the case after the full extent of your damages has been determined. Insurance firms will conduct their own research and look for anything that can be used against you. They may also delay paying out settlements or even making an offer.

By retaining a car accident attorney, you are prepared to begin the legal process and submit a claim in the event that a settlement cannot be reached. Experienced accident attorneys might take your case to trial in order to secure maximum compensation, even though the majority of claims are resolved out of court.

Delay Tactics

There may be a mountain of unpaid bills growing if you have significant injuries that keep you from working. The waiting game being played by the insurance company is irrelevant to bill collectors. Additionally, without a source of income, it could become difficult for you to pay other living expenses, such as buying groceries.

Even though you might need and be entitled to more than they offer, some claims adjusters utilize delay tactics to pressure you financially, resulting in you potentially accepting a lower settlement offer.

Sometimes, adjusters give priority to situations in which injured parties have retained attorneys, and delay the processing of other claims. The adjuster might not treat these matters seriously until the plaintiff retains counsel, or they feel that waiting, the plaintiff could miss the statute of limitations.

Pushing Your Case Past the Statute of Limitations

Most car accident victims are unaware that their ability to negotiate a settlement may be impacted by the statute of limitations. This law sets a time limit for a victim to file a lawsuit. If you don't file by this deadline, New York law will prohibit you from filing a claim later on.

According to New York Civil Practice Law & Rules section 214, a personal injury victim has three years to file a personal injury claim. You have considerably less time if the lawsuit is for wrongful death. These cases must be filed within two years. It would help your case to have the option to file  a lawsuit if your case hasn't settled yet and the insurer is dragging its feet.

The statute of limitations is well known to the claims adjuster. They are not required by law to let you know what the filing deadline is. The statute of limitations and your ability to file a lawsuit for damages in civil court may have run out if the claims adjuster no longer returns your calls or emails.

Maximum Medical Improvement

It can take some time to completely understand the severity of your injuries, the ongoing care necessary, and the overall prognosis. You must have reached maximum medical improvement (MMI) in order to fully total a settlement demand amount. MMI is the point at which you have completely healed from your injuries or have arrived at a stage where further improvement is not expected.

MMI is essential to help you understand the full scope of your losses, including historical losses and potential future losses. Before you reach a settlement, you run the risk of forfeiting your right to further compensation if you don't understand your condition. When you settle your claim, you cannot reopen the case later if you discover that your continued medical demands exceed the sum of your settlement.

Communication Between Healthcare Providers & Insurers

If the insurance company is still awaiting the medical records they requested from your doctor and other healthcare providers, they may decide not to make a settlement offer. Typically, medical records departments take some time to provide the requested records. Before they send the records, the doctor's office may require many phone calls from you or other requests.

Unfortunately, in a circumstance like this, you may need to step in to help expedite the insurer's investigation and assess your injury claim.

Direct Settlement Versus Court Verdict

If a victim feels the insurance company is treating them unfairly or they are not receiving a fair settlement in the case of a personal injury claim, they have the legal right to file a lawsuit.

While most personal injury claim cases are settled out of court, there are some cases where parties cannot come to an agreement. Jury trials and bench trials cost money, so the last thing they want is to end up in court for a trial, which would mean more money spent on attorneys.

Another thing to keep in mind is that if the settlement is handled in court, the insurer (and you, the victim) are at greater risk than if it were handled out of court. This is due to the fact that it is not possible to ensure that one party would be given preferential treatment over the other. The insurer is aware that if one juror (or the judge) has previously had a negative experience with an insurance, they may be more likely to rule against the insurer and order them to pay more than you are asking for.

Do You Need Legal Assistance For Your Settlement From a Car Accident?

Don't let the length of time it may take for a car accident settlement stop you from pursuing the compensation you deserve. If you or a loved one has been in an accident that you think was the result of someone else's negligence, reach out to Brandon J. Broderick, Attorney at Law, as soon as you can to speak with our New York personal injury lawyers.

For a free consultation, get in touch with us today.