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Car Accident Settlement Timeline
The car accident settlement timeline in Alabama can vary depending on the unique details of the case, but typically the legal process will take anywhere from a few weeks to several months.
Simple cases with minor injuries settle faster than more serious injury claims with more parties and insurance policies involved.
1. The Accident
The very first steps following a car accident include:
- Seeking medical attention
- Filing a police report
- Notifying your insurance company
This should all typically happen within a few days following your accident. Here’s our guide on what to do after a car accident, if you’re in the very early stages following a car accident.
2. Medical Treatment & Documentation
When recovering after a car accident injury:
- Complete all necessary medical care, or reach maximum medical improvement (MMI) before settling.
- Gather and organize all medical records, bills, and proof of lost wages to calculate damages.
The extent and duration of your treatment will heavily influence how quickly you can proceed with your claim.
3. Claim Investigation & Filing
Investigation and filing the claim involves:
- Collecting evidence (witness statements, police report, photos/videos, etc.) to support your claim and assessing damages.
- Determining liability – Alabama follows a contributory negligence law, which makes proving the defendant completely liable especially important, as just 1% fault on your part can bar you from recovering any compensation.
Depending on the complexity of the case, investigation and filing the claim can take anywhere from a few weeks to a few months with the help of a car accident attorney.
4. Negotiations With the Insurance Company
Settlement negotiations with the insurance company involves:
- Sending a demand letter. Your attorney will send a letter outlining the details of your claim and the compensation sought.
- Back-and-forth offers with the insurance company until a fair settlement is agreed upon. Your attorney will handle all settlement negotiations on your behalf.
- Potential settlement agreement.
Most settlement negotiations are resolved in a couple of weeks or a few months. However, the timeline for settlement negotiations is highly variable, as many factors come into play. Cases with more severe injuries or higher complexity may see settlement negotiations take longer.
5. Filing a Lawsuit (If Needed)
While most car accident claims are resolved through settlement negotiations, sometimes negotiations fail for one reason or another. When this happens, you may need to take your case to court.
At Long & Long Injury Attorneys, we won’t let the insurance company take advantage of you; our team is equipped and ready to fight for your rights and represent you in court, if needed. Contact us today to get started.
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Factors That Impact the Timeline for Auto Accident Settlements
There are 5 major factors that can have a substantial impact on the timeline of your auto accident case.
Why it matters: Severe injuries typically require longer treatment periods and/or ongoing care. Settling before you reach maximum medical improvements (MMI) can result in underestimating future medical costs, and the full extent of damages.
Impact: The more serious the injuries, the longer it may take to access the full extent of damages and negotiate an appropriate settlement.
Why it matters: Disputes over who was at fault can delay the process significantly. If liability is unclear or there are multiple parties involved, investigations and evidence collection will likely take longer.
Impact: Cases with obvious liability resolve faster, while disputes over liability may extend the timeline.
Why it matters: Insurers may use different strategies to delay or deny claims, such as disputing damages, offering quick lowball settlements, etc. Learn more about common insurance company tactics.
Impact: Prolonged negotiations or bad faith practices can delay the settlement process until a fair resolution is reached or legal action is taken.
Why it matters: Insurance companies give more scrutiny to high-value claims. They will investigate more extensively to try and minimize a large payout and protect their bottom line.
Impact: The larger the claim, the more likely it is for investigation and settlement negotiation to take longer.
Why it matters: Most cases are resolved through settlement negotiation outside of court. However, when negotiations and mediations fail, the claim is typically elevated to a trial before a judge or a jury.
Impact: If a case fails to settle through negotiation, going to trial means a considerable delay (months, maybe years) in receiving compensation. Learn more about going to court for your personal injury claim.
How Our Car Accident Lawyers Can Help
Navigating a car accident claim in Alabama can be confusing and time-consuming, especially when facing insurance company tactics and legal complexities with no prior experience.
Our car accident lawyers can help streamline the process, ensure deadlines are met, and work to secure your compensation as soon as possible. Here’s how we can help:
- Evidence Gathering Efficiency
- Handling Communication with Insurance Companies
- Ensuring Proper Valuation of Your Claim
- Avoiding Pitfalls That Cause Delays
- Accelerating the Negotiation Process
- Navigating Litigation, If Needed
Our Car Accident Lawyers in Alabama
FAQs
Yes, an insurance company can take back a settlement offer under certain circumstances.
When an insurance company can withdraw a settlement offer:
- If new information about the case comes to light
- Before you accept the offer
- If the offer has expired (many settlement offers come with a deadline)
Yes, you can sue your car insurance company for taking too long, but it typically requires evidence that the delay(s) constitutes bad faith or violates state insurance laws.
Let Long & Long Injury Attorneys Fight for You
If you’ve been injured in a car accident that wasn’t your fault, you deserve compensation. Whether you’re located in Mobile, Orange Beach, Gulf Shores, Foley, or the surrounding areas, our attorneys can help you get a fair settlement. We’re available to discuss your case 24/7, at no cost to you. Contact us today to get started.