Why is the Settlement for My Car Accident Taking So Long?

Key Takeaways

• Depending on the extent of your injuries and several other factors, car accident claims can be time-consuming.
• Due to Maryland’s strict negligence laws, you should retain an experienced car accident lawyer to help with your claim.
• Many car accident claims are settled prior to litigation.
• After gathering evidence, an experienced car accident lawyer in Maryland can help you through the settlement negotiation process to help you recover the compensation you deserve.

Car accidents are dangerous and can leave you injured and your property damaged. The expenses that quickly rack up after a car accident can become cost-prohibitive. If you do not know when you will receive compensation to help cover the costs of your injuries, your anxiety may skyrocket. Connecting with a knowledgeable personal injury attorney who is well-versed in auto accidents and insurance laws can alleviate a lot of the stress that accompanies the aftermath of a car accident.

The experienced attorneys at Bowers Law will help you navigate your car accident claim, advocate for your right to fair compensation, build a case, and be the contact person to alleviate the stress associated with dealing with insurance companies. Our law firm is committed to helping you get the financial award you deserve. Call or text our office at 410-885-6200 to receive a free case evaluation.

What is the Process of Settling a Maryland Car Accident Case?

Car accident victims need to understand that personal and property injuries carry a three-year statute of limitations under Maryland state law. In situations where a claim is made against the government, victims have a one-year time period to file a personal injury claim.

Since Maryland is an at-fault state (“tort” system), victims must prove the other driver was to blame for the accident. One important factor to know about Maryland law is that it carries harsh contributory negligence, which only a handful of other states employ. This means that even if it is proven you are a mere one percent responsible for the accident, you cannot recover damages from the other driver. Insurance companies often try to place a percentage of the blame on victims. However, a skilled personal injury lawyer will know how to present a case when the other driver is clearly at fault and help you recover the compensation that you deserve.

In Maryland, you have three options if you file within the three-year statute of limitations and have proven the other driver was at fault. However, there are some circumstances where there are notice deadlines that are earlier than the three-year statute of limitations, and if proper notice is not given, you may not be eligible for recovery. Contact our office immediately to determine if this type of notice is required and for assistance in navigating these complex situations.

File With Your Insurance Company

To help cover medical care expenses, damage to your car, or other costs associated with the accident, you can file an insurance claim with your own insurance company.

File a Claim Through the Other Driver’s Insurance

Another option you can pursue is filing a claim through the other driver’s insurance company if they admitted fault or you were able to demonstrate they caused the motor vehicle collision.

File a Personal Injury Lawsuit

Many insurance policies have limited coverage. Unfortunately, this amount often is not a fair settlement because it does not cover the extent of serious injuries or damages you have suffered, including but not limited to high medical bills, ongoing medical treatment, lost wages, or property damage. In some cases, you would benefit more from filing a car accident lawsuit against the other driver who caused the crash, especially if they were particularly negligent or reckless in their actions.

The “clock” for Maryland’s statute of limitations starts on the date of the accident. There is an exception for wrongful death cases, as the statute of limitations clock begins on the date the victim was declared deceased. Even if you think your case may be beyond the statute of limitations, consulting with an experienced car accident lawyer is always a good idea.

How Long Do Most Car Accident Settlements Take?

In many claims, a car accident case is settled before it gets to trial. That being said, it is hard to pinpoint an exact timeframe it will take to settle your claim because every case is different.

Some car accident claim cases are resolved very quickly, within four to six months, but others can continue for two or more years before the case is concluded. We will dive a little deeper into the causes of delays in the next section.

Car Accident Settlement Timeline

After a car accident, you must act as quickly as possible. While you may think you have enough time because of the statute of limitations, in many cases, you must report the accident within days to weeks after the accident or risk losing your right to recover compensation.

Once you report the incident, the timeline is as follows:

1. The initial filing of the claim can take a few days to weeks after the accident.
2. Investigation and gathering of evidence, like photos and witness statements, can take several weeks to months, depending on your injuries and other factors.
3. Medical treatment and reaching maximum medical improvement (MMI). This time varies depending on the severity of injuries.
4. Gathering medical bills and records.
5. Initial negotiations can take two to six months.
6. Extended negotiations or medication can take around three to nine months.
7. Litigation can take one to three years, and sometimes more, depending on the circumstances of your case and other factors.

Factors That Can Affect the Car Accident Claims Settlement Timeline

Many factors can affect the car accident claims settlement timeline, but an experienced personal injury lawyer can help move things along in many cases.

Case Investigation and Analysis

One of the pieces of an accident claim is investigating the case. The investigation and analysis take up a good chunk of time. Prior to settlement talks, lawyers and insurers gather evidence, conduct legal research, and analyze the case. The more complex the accident, the longer the case investigation and analysis can take.

The Complexity of the Legal and Factual Issues

To win an accident case, you must prove liability, which can be difficult at times. Proving liability is much more than determining one party’s fault in some accidents. In a thorough investigation, an experienced personal injury attorney wants to identify all of the parties who may be liable for your injuries and losses.

Once the attorney determines the liable parties, he or she must prove each liable party’s negligence — the actions or inactions that caused the accident. To prove negligence, you must show:

• The at-fault parties had a duty of care to other drivers on the road, including you.
• The at-fault parties breached the duty of care with his or her actions or inactions.
• The at-fault parties’ actions or inactions caused the accident.
• The accident caused injuries and losses to you.

The Degree of Dispute Over Liability and Damages

When more than one person contributes to the accident, the parties can squabble over who is more at fault. This can be you and one other person, or it can be between you, the driver, the driver’s company, a third vehicle involved, and others. An experienced car accident attorney analyzes the accident to help determine the degree of fault.

The Number of Parties Involved

In some cases, especially with a commercial vehicle accident, several parties may face liability for your injuries and losses. The more people involved, the more complex the case will be and the longer it will take to reach a settlement. Should the insurance companies refuse a fair and reasonable settlement, your case could go to court. More than one defendant can add significant time to trial prep and the trial itself.

External Factors

External factors, such as an insurance company employing delay tactics or scheduling issues, can also delay a case. In some cases, when people wait too long to contact an experienced car accident lawyer, evidence can disappear, whether it becomes eroded by weather, a defendant “hides” the evidence either without knowing or purposely, or it gets lost.

Insufficient Insurance Coverage

Parties with insufficient insurance coverage can also cause delays, as you then need to sue the at-fault driver instead of settling with the insurance companies. Even if you have personal injury protection (PIP) for yourself, it may not be enough to cover severe or catastrophic injuries, which can cause a delay in the case, as you may have to go to trial to recover the compensation you deserve.

Other Factors That Can Delay Your Car Accident Settlement Process

Since the circumstances involved in each car accident are different, delays in your settlement can occur for a variety of reasons. This is frustrating for most people. As your attorney, we will do our best to avoid unnecessary delays, but perseverance and patience are the keys to getting a better settlement.

Medical Expenses and Records

To receive a settlement or personal injury award, you will need to prove the value of the losses you have suffered. The more documentation you have, the easier it will be for your attorney to combat delay tactics often employed by insurance companies and other third parties.

Important documentation includes medical records, proof of lost wages, demonstration of inability to earn future wages, medical bills, and anything else to show the extent of your injuries to help solidify your claim and negate any stalling tactics.

High-Value Claim

Depending upon the extent of your medical bills, lost wages, property damages, and other losses you have suffered, you may have what is considered to be a high-value claim case. Usually, you will see this in personal injury cases where extensive injuries and property damage occurred. Essentially, the higher your claim, the more complex the negotiation will be. Insurance companies tend to drag these cases out as long as possible to avoid paying.

Maximum Medical Improvement (MMI)

Depending on the nature of injuries suffered in a car accident, it takes a long time to understand how these injuries will impact your life. In serious cases, this often delays settlement. To fully total a settlement award amount, you will need to have reached what is referred to as maximum medical improvement. This means you have reached the full recovery point from your injuries, and your healthcare providers do not expect to see further improvement.

Many serious injuries, such as traumatic brain injuries, can take a long time to understand the full impact. It is to your benefit to understand your full prognosis before reaching a settlement. You could risk losing out on the compensation you may need in the future to cover treatments or other health-related expenses you may incur. Once a payout claim is settled, it cannot be reopened to pursue compensation to cover additional expenses that arise due to injuries.

Negotiation Tactics

Once the full extent of your injuries is understood, your personal injury attorney will begin negotiations to obtain a fair settlement. Unfortunately, insurance companies often use stalling tactics to dispute your claim. For instance, they may dispute the extent of your injury and accuse you of inflating medical expenses.

What Are the Most Common Tactics Insurance Companies Use to Delay Car Accident Settlements?

Insurance companies employ several tactics to delay car accident cases because they are for-profit companies. Every claim they pay out is less money in their pockets. Experienced car accident lawyers know how the insurance companies act — the tricks they pull and the delay tactics they employ—and can help minimize the effect of these tactics.

Some delay tactics include:

• Delaying response times
• Requesting excessive documentation
• Making lowball settlement offers in the hopes that you will agree
• Disputing injury severity
• Surveillance and monitoring
• Using recorded statements against you
• Blaming the victim
• Employing psychological pressure
• Giving you the runaround

Should You Settle Your Car Accident Immediately?

Experiencing a car accident can be a traumatic experience, and you might be tempted to settle with the insurance companies as soon as they make an offer. This is almost always a bad idea, especially if you do not have legal representation.

While they may appear to sound compassionate, insurance adjusters are not your friend. Ultimately, their goal is to pay the lowest amount possible and try to get you to settle quickly with their first offer. This amount is typically a lowball offer, and insurers will also try to get you to settle before you have had an opportunity to speak with a legal professional.

The drawback of waiting for a trial to see if you can receive more at the conclusion of the settlement process is the amount of time involved in the waiting period. By accepting a low settlement, you usually will receive that money faster, but it may be significantly less than the compensation you deserve.

How Can I Speed Up My Car Accident Settlement Claim Process?

You can speed up your car accident settlement claim process by taking several actions.

Hire an Experienced Car Accident Lawyer

An experienced car accident lawyer knows the law pertaining to car accidents, which means you won’t make mistakes that can delay or even harm your case. The attorney can also obtain evidence, including police reports and other documentation, and depose witnesses to obtain the information required to help prove negligence. Furthermore, an attorney can help thwart shady insurance company tactics used to deny or delay your claim.

Communicate Clearly and Regularly With Your Lawyer

Always ensure your attorney knows about everything related to the accident, including financial issues, settlement goals, and other considerations they may need to know prior to negotiating a payment on your behalf.

Maintain Records

Documentation is key to a successful outcome. In addition to maintaining all medical records for psychological, emotional, and physical injuries, you should also keep a diary of your daily pain and recovery process.

Focus on Your Health and Recovery

Always go to all doctors’ appointments and take your doctor’s advice. Missing appointments can not only delay recovery, but they can also affect your health and give the defendant a very good reason to dispute the severity of your injuries.

How Can an Attorney Help Me After a Car Accident?

Your car accident attorney can help you by directly negotiating with the insurance adjuster and making sure the correct forms are filed by their deadlines. With a skilled lawyer by your side, you have a much stronger chance of getting the best settlement offer available.

Regardless of the cause of delays in your car accident claim, your personal injury lawyer will be your strongest advocate. They will work hard fighting against those who try to minimize your injury, offer lowball settlement amounts, or accuse you of not suffering as much as you have since being injured in an accident.

Why Clients Choose Bowers Law for Their Car Accident Settlement

After an accident, you don’t want to worry about recovering the compensation you deserve. Experienced car accident lawyers in Maryland, such as those at Bowers Law, who have handled many accident cases, are more likely to find success in recovering the compensation you deserve.

Testimonials

“I had an accident and it totaled my car, the insurance company called and wanted me to settle with a payment before I could even get my medical bills. I call Bowers law firm and spoke with Jessica who is so wonderful, she helped me threw this hole thing even when I was frustrated. Jessica answer all my email and would call me if I didn’t understand what was going on and she would break it down so I understood. Mr.Bower sat down with me and my husband and explained everything about the process and also told us how to get the best car insurance that a lot of people don’t know is even offered. I would hope I never have to go threw this again, but if so I will definitely call Jessica & Mr. Bower again. Thank you for all you help!!” — Rita R.

“I absolutely cannot say enough about Mr Bowers and his staff. I was in a bad car crash in Nov and had to have multiple surgeries and was in a wheel chair for months and my only regret is that I didn’t hire them sooner. I reached out after my first surgery and almost 2 months after the accident and by the first week in March I had received a nice settlement and Bowers Law navigated EVERYTHING that needed to be done to make that happen. They kept me up to date almost daily on the progress of my case and we’re avail to speak to me or return a call or message Everytime I needed them. I WILL NEVER CALL ABOUT ATTORNEY EVER. If I ever find myself in a situation like this again my first call after 911 will be to Bowers Law.” — Jessi R.

Additional Resources

• $100,000+ Policy Limits Injury Settlement from Rising Sun Auto Accident: Insurance policy limits can limit the amount you recover from an insurance company. However, you may be able to sue an at-fault driver who is underinsured.
• Maryland Car Accident Statute of Limitations: What It Means for You: Always file a case within a few days or weeks of the accident, as many insurance companies have reporting requirements that fall well before the statute of limitations.
• 7 Ways to Get Paid a Lot From a Maryland Accident Case: Learn more about a successful car accident claim.
• Do I Pay Taxes on My Accident Settlement?: Learn more about the tax ramifications of an accident settlement.

Practicing Patience During a Settlement Might Earn You More

The aftermath of a car accident can be stressful, confusing, and exhausting. Having an attorney by your side who is well-versed in Maryland law can help make the process easier for you. They will strive to get you the compensation you need to cover the extra expenses and suffering you are experiencing. The Bowers Law legal team provides sound legal advice to all of our clients.

The personal injury attorneys at Bowers Law have many years of combined experience fighting for the rights of Maryland’s injured. Our law firm is licensed to practice throughout the state of Maryland. To obtain a free consultation, call or text our law office at 410-885-6200 or reach us through our convenient contact form.

Don’t suffer through the car accident settlement and negotiation process alone. Call an experienced attorney today.