Not all accident claims are straightforward-here's what complicates them

Accident claims can take months or even years to settle because liability disputes, severe injuries, insurance tactics, and legal procedures all complicate the process.

Have you been injured in a road crash and are currently in the process of filing a personal injury claim? You're not alone. Roughly 400,000 personal injury claims are filed every year in the United States, according to ConsumerAffairs.

When navigating accident claims, you naturally want a quick resolution, especially if the injuries have left you out of a job or with ongoing treatment expenses. Unfortunately, while some claims are settled fairly quickly, others can drag on for several months or even years.

This begs the question: What makes some accident claims take so long to reach a logical conclusion?

What's the Biggest Mistake People Often Make When Dealing with an Insurance Claim?

A claim, be it for personal injury or property damage compensation, must be filed with either your insurance coverage provider or the at-fault party's insurer.

However, what's supposed to be a straightforward process can turn into a headache if you make some basic mistakes.

For example, not fully reading and understanding your policy can lead to filing a deniable claim. Knowing your coverage limits ensures the compensation amount you claim is within the policy's limit, preventing over-claiming, a mistake that could get your claim rejected and sent back for revisions.

Other common mistakes include:

• Waiting too long to file the claim
• Bad documentation
• Not informing the authorities whenever an insurable event happens
• Admitting you were at fault (never do this, even when the evidence is overwhelming)
• Not keeping the damaged property (can be handy proof in case of a dispute)
• Not cooperating with your insurance coverage provider.

What Happens When There's a Dispute Over Who Caused the Car Accident?

Liability disputes are common. Insurers instruct their clients not to admit fault, so from the onset, there's bound to be a liability dispute. Thankfully, traffic officers typically resolve most regular accidents within days, assigning fault accordingly.

The traffic accident report helps clear any liability disputes for most accidents, but in some cases, the party found to be at fault can still dispute the outcome. Such cases can drag on and may end up in the trial court, where liability will be established.

A multi-vehicle crash can also make it difficult for traffic officers to determine who was at fault. Such accidents usually take several days to investigate, as the officers need to collect witness statements, sift through hours of traffic footage, and reconstruct the scene.

How Do Severe Injuries Result in Complex Accident Claims?

If you've been hurt in a car accident, the severity of your injuries has a direct impact on how long it will take your claim to settle. 

Severe or long-term injuries can make it difficult even for medical specialists to estimate the time and money you might need to spend on treatment and recovery, and how the injuries will affect your everyday life. In such cases, you may be advised to wait longer (as long as it's within the statute of limitations) as doctors assess your condition.

Otherwise, filing a claim too soon after sustaining severe injuries can lead to under-claiming damages. If you're compensated and later find that you need to claim for more money, it'll be a hard battle getting the insurer to accept the new claim.

How Insurance Companies Delay or Minimize Payouts

Insurers will quickly take your money during the policy sign-up, but during payouts, they can run you in circles. Requiring excessive documentation, delaying responses, and making lower settlements are well-known delay tactics that insurers have been using for ages.

While it may seem that there's little you can do to speed up the process when the insurer is deploying delay tactics, hiring an experienced local attorney can help get them to settle sooner. Las Vegas accident injury lawyers, for example, have adequate experience with insurers in the city and know what button to press for a quick resolution of claims.

Legal Procedures Can Complicate a Claim

The best-case scenario is your accident claim getting settled without involving the courts. Indeed, about 95% of personal injury claims are settled out of court, according to Clio, a leading provider of cloud-based legal technology.

If your claim becomes part of the 5% that will end up in court, it can be a painstakingly long wait for justice as legal procedures take their natural course. Procedural missteps, such as inadmissible evidence, court schedules, and pre-trial motions, all add time. An otherwise straightforward claim can morph into a drawn-out court battle that takes years to end, and even then, a ruling can be made against you.

Frequently Asked Questions

How Can Pre-Existing Conditions Affect My Personal Injury Claim?

Pre-existing medical conditions can complicate your claim because the insurer can argue that the accident didn't cause all the damages. Their goal is to get you to accept a lower settlement.

How Soon Do I Need to Hire a Car Accident Lawyer?

As soon as possible. Some claimants wait until their claim is denied to hire an attorney. Others don't hire at all to avoid paying a percentage of the settlement in legal fees. The smarter move is to get an attorney immediately after the accident to help with the collection of evidence and advise you on the next steps.

Does the Location Where the Accident Happened Impact the Claim Process?

Certainly. Different states have varying traffic laws and insurance regulations that can affect the timeline of claim resolution.

Pursuing a claim out-of-state can present additional accident claim challenges, especially if you have to travel to meet your attorney or attend court.

How Does Uninsured or Underinsured Motorist Coverage Affect Settlements?

When an at-fault driver has insufficient coverage, you may need to rely on your own coverage or sue the driver as you try to recover your losses. This adds more steps to an already multi-step process.

Know How to Navigate Your Accident Claims

Dealing with insurance companies is a nightmare for many, and accident claims are some of the most complex cases to resolve. Understanding the various factors complicating claims and hiring the right attorney to guide and represent you in negotiations goes a long way toward getting a quicker resolution.

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