Common Reasons for Car Accident Settlement Delays
After a car accident, you will incur medical expenses, lost wages, pain and suffering, and other losses. Although you may be able to negotiate a settlement with the liable, or at-fault, party, these settlements can take time to reach. In the meanwhile, it is natural to wonder why your settlement is taking so long. Below, our San Antonio auto accident lawyer explains some of the most common reasons for delays in settlement negotiations.
Challenges Collecting Important Evidence
Your car accident lawyer and the insurance company will need to collect important evidence from several sources, including doctors’ offices, hospitals, employers, and witnesses. This process is not always straightforward and difficulties can arise. For example:
- Health care providers may take longer than expected due to a high volume of other requests or extensive bureaucratic procedures.
- Employers may take time to verify lost wages or employment details.
- Witnesses may be hesitant to provide statements or track down.
These challenges are certainly frustrating, but your lawyer will overcome them to try and keep things on track while also ensuring no crucial details are overlooked.
You Have Not Reached Maximum Medical Improvement (MMI)
MMI is a very important term during your recovery. This refers to when your injuries will not become any worse, but they also will not become any better. It is critical that you reach MMI before entering into settlement negotiations. This is the only way you can fully understand the extent of future care you will need and how your injuries will impact you in the days, weeks, or years to come. It is only after you have this understanding that you can include those losses in your settlement.
Disputes Over Fault
It is not uncommon for liable parties, and the insurers who represent them, to try and shift the blame to you. In Texas, you can only receive compensation if you were 50 percent or less at fault. Any damages awarded are then reduced by your same percentage of fault. If you are 51 percent or more at fault, you are barred from receiving damages.
Even if the liable party cannot prove that you were 51 percent or more at fault, they will likely argue that you were partly to blame so they can reduce the overall damages they are responsible for paying. Your lawyer can refute these claims with strong evidence, but it can still create delays while you wait for a settlement.
The Insurance Company is Causing Delays
Some insurers create deliberate delays in the hopes that you will become frustrated and accept a lower settlement. Some of the tactics they use to delay claims include:
- Taking too long to investigate the crash
- Requesting unnecessary or excessive documentation
- Responding slowly or making lowball offers to drag out negotiations
- Changing adjusters in the middle of your claim, forcing you to start over
Our Auto Accident Lawyer in San Antonio Can Prevent Unnecessary Delays
When filing a car accident claim, do not go through the process alone. At the Law Office of Israel Garcia, our San Antonio auto accident lawyer can guide you through the process and help you avoid unnecessary delays. Call us now at 210-LAW-9999 or contact us online to schedule a free consultation and to get the help you need. There is no charge whatsoever unless and until we obtain a settlement or recovery for you.
Source:
statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.33&artSec=
