How long does a car accident settlement take in Orange County?
How long does a car accident settlement take in Orange County?
An Orange County auto accident may cause severe injuries and out-of-pocket expenses that are incredibly challenging if you cannot work. So, it’s understandable to wonder how long an Orange County car accident settlement can take. The factors below influence how long it will take to get money in your pocket after a severe auto accident. The case is over once you have agreed to a settlement for medical expenses, lost income, and pain and suffering. So, it’s essential to have an experienced Orange County car accident attorney review your claim to ensure the settlement is fair.
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What Is The Auto Accident Claim Process?
If someone hits you with their car, you will usually claim their auto insurance policy. This is known as a third-party personal injury claim. You’re the third party to the at-fault driver and their auto insurance company. The other driver’s insurance company will process the claim, but settling it can take time.
How long it takes to settle your claim depends on many factors described below. The other driver’s insurance company will usually investigate the accident to see if they believe their client caused it. If the insurance company accepts liability, they will offer a settlement, but when and how much depends.
Most Auto Accident Claims Are Settled, Not Litigated
After a car accident, the liable party is usually expected to cover the victim’s damages. More specifically, the at-fault driver’s auto insurance usually pays for the victim’s property damage, medical bills, lost income, etc.
The insurance company representing the defendant usually will make a settlement offer to the crash victim. You would receive a lump sum payment in exchange for forfeiting the right to future claims. If you take a settlement, the case is over. However, if you and your auto accident attorney think the settlement offer is too low, you can file a car accident lawsuit.
Most auto accident claims are settled by the insurance company, not in court. A lawsuit is never filed. There are many reasons for this, the biggest being that a settlement takes less time. Also, both sides usually want to avoid an expensive, uncertain trial.
Auto Insurance Companies Must Respond To Claims In Timely Manner
Insurance companies in every state, including California, must promptly respond to and resolve auto accident claims. They are generally required to respond to an auto accident claim within 15 days. They also must decide to accept or deny liability within 40 days. If the claim is accepted, insurance companies in many states must issue payment within 30 days, for a total of 85 days. If the insurance company isn’t responding to your claim promptly, your attorney can write a letter to warn them that they are violating the law.
However, many case factors can make your accident claim take more or less time. The state’s laws where the accident happened may have longer and shorter deadlines for insurance companies to respond. Once a settlement is agreed to and signed, you can expect a settlement check to be paid within a few weeks.
What Factors Influence An Auto Accident Claim Settlement Timeline?
Car accident settlements in Orange County and elsewhere can take weeks or months, and a few cases may take years. Several factors may affect how long it takes to settle an Orange County car accident claim. The most important factors are:
How Severe The Auto Accident Is
The auto accident settlement process in Orange County may be shorter if it was a minor accident and injury. For example, a rear-end accident caused bumps and bruises, and two weeks of lost work time may take less time to settle than a major accident with paralysis and permanent disability. Cases with severe or catastrophic injuries involve more medical care and expenses, so both sides of the case may struggle to reach an agreement.
The severity of injuries also affects the timeline because it may take months of severe injuries to reach maximum medical improvement (MMI). It’s unwise to settle a severe accident claim until you fully understand the long-term consequences of your injuries. Settling a serious injury claim too soon can leave you with insufficient money for medical bills and lost earnings. That’s why your auto accident attorney will likely tell you to wait until your doctor says you have reached MMI before starting settlement discussions.
A less severe injury may fully heal after a few weeks or months, so MMI is reached sooner. You and your auto accident attorney can start settlement talks with the liable insurance company whenever you are fully healed.
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Fault And Liability
Many auto accident claims are straightforward, with one driver clearly at fault. For example, if someone ran a red light and hit you while you had the right of way, settling the case may take less time because the insurance company accepts liability quickly. Insurance companies may not want to contest a case that is clearly their client’s fault, or a jury can treat them harshly if it goes to court.
On the other hand, resolving the settlement can take longer if the accident that injured you involved several drivers potentially at fault in a highway pileup. Each side of the case will be represented by a car accident attorney attempting to reduce or eliminate their client’s liability. It can take months for the various attorneys or auto insurance companies to agree on who was to blame and to what degree.
The At-Fault Party Pays In Most 3-Car Accidents
Quality Of Evidence
Determining liability for a car accident comes down to the evidence. If there’s strong evidence that one party caused the crash, the liable insurance company may be more willing to settle quickly. Contradictory evidence may lead to a longer settlement timeframe. Critical evidence in many car accidents claims that your attorney will use to determine fault include:
- Eyewitness statements: Do the eyewitness accounts of the auto accident line up? Do they all blame one person, or are their contradictory statements from witnesses? The more agreement between eyewitnesses, the easier the settlement process.
- Police report: Does the police report cite any driver for causing the accident or a traffic violation?
- Physical evidence: Is there clear evidence from tire marks or vehicle damage that points to one driver?
- Video footage: Is there a dash cam, traffic, or business surveillance footage of the auto accident?
- Did anyone admit fault? Some accident victims may say they were at fault after the accident. Even if they change their story later, admitting fault after the crash can make the settlement process take less time.
- Evidence of injuries: The degree of injury, combined with your settlement demand, also influences the timeline. The case may take longer if you ask for less compensation for a relatively minor injury.
Your auto accident lawyer will review the Orange County accident evidence to determine who they believe is at fault.
Amount Of Insurance Coverage
The Orange County car accident settlement process may be quicker if all drivers in the case have enough insurance protection. However, if one or more drivers have no or inadequate insurance, these factors can extend the settlement timeline.
Willingness To Compromise
How willing are plaintiffs and defendants in the car accident claim to compromise? It can take less time if you are willing to take less money to settle your claim. For example, if you broke your leg and have $10,000 in medical bills and $5,000 in lost income, would you consider settling for $20,000, which is only $5,000 for pain and suffering? Or are you adamant that you should get more for your mental and physical discomfort and are willing to wait to try for more?
Many car accident victims get nervous as medical bills pile up and they are not receiving income from employment. They may feel pressure to settle faster, while other plaintiffs may be willing to wait for more money. It comes down to your comfort level waiting for compensation and how willing and able you are to be without income for that period
Court Timeline
If the case doesn’t settle, your car accident attorney may file a lawsuit to argue the case in front of a jury. Civil lawsuits aren’t usually scheduled immediately; getting an open court date can take several weeks or months. You can easily wait months for a jury verdict. Court delays are one reason many accident victims settle instead of sue. Settling may result in less compensation than a jury verdict, but going to court takes longer, and the outcome is uncertain.
Your auto accident attorney will strive to settle your case promptly. They understand that you probably need to get money to pay your medical and other bills. Remember that you can take time to reach maximum medical improvement(MMI). So, it can be to your benefit to wait until your injuries are fully healed. Your attorney can demand fair compensation for your losses once you are at MMI, per your doctor’s opinion.
It may be challenging to wait for compensation, but it is usually worth waiting until you are fully healed to receive a settlement. Otherwise, you can receive insufficient compensation for your medical bills, rehabilitation, and lost income.
Should You Settle Or Sue In Your Orange County Car Accident Claim?
Most car accident claims end with a settlement to save the time and expense of a lawsuit. Also, the accident victim usually wants to obtain compensation to deal with accident-related expenses and regular bills. However, if the insurance company gives you lowball offers and argues about the severity of your injuries, you may want to consider filing a lawsuit in court.
Filing a lawsuit will take more time, and there are additional legal fees, but it can sometimes lead to more money in your pocket. You should always listen closely to your auto accident attorney’s advice. They’ll tell you if the final settlement offer is fair or whether you are likely to win at trial and receive more money. The decision to settle or sue is yours, however. However, you should only take the case to court if your attorney thinks it’s highly probable that the jury will find in your favor. Otherwise, a settlement, even a low offer, might be the better option.
Once You Sign The Settlement Agreement
Let’s assume the insurance company offers a settlement, and you and your car accident lawyer agree to accept. You will complete the release form that all parties to the case will sign. Once you have signed the release form, there’s no going back. The case is over, so be sure you are satisfied with the money offered.
Next, once the insurance company receives the signed release form, it will usually issue a check or electronic payment to your auto accident attorney’s office. The money can take anywhere from a week to a month or two to be sent to your attorney’s office.
Your attorney’s office will deduct its contingency fee for their services and any outstanding liens you have with medical care providers. Once all legal fees and liens are paid, your attorney will write you a check for the rest. Cases with no medical liens or other issues can lead to a check being issued within a few days after the adjuster receives the signed release form.
Remember The Statute Of Limitations
You only have so long to file a car accident lawsuit in every state. For example, you have only two years from the date of injury to file a car accident lawsuit in California. Keep your state’s statute of limitations in mind as you consider filing a claim for damages.
Speak To A Car Accident Attorney Now
An Orange County, California car accident can leave you with severe injuries, medical bills, lost income, and more. You should never try to handle your claim if you have serious injuries caused by another person. Instead, turn to an experienced car accident attorney in Orange County to demand the most compensation from the liable person’s insurance company. Personal injury attorney don’t charge upfront legal fees, so there are no out-of-pocket expenses for their services.