How long it takes your personal injury set to settle depends on many factors that are beyond your control. But generally, this type of case can take up to one year to settle. The insurance regulations in the state set times for insurance providers to act on claims. Such time frames offer little structure for claim review. Because of this, you must view them as loose guidelines; instead of hard deadlines. A personal injury attorney at Law Office of Brian P. Azemika can help you get an idea of the amount of time necessary to settle your case and what it takes to do so.
Navigating the Insurance Claim Process
California is a fault insurance state. Thus, the insurance company for the motorist who caused the crash will manage the claims for all injured parties. Once a company gets a claim, it reviews it and examines the sufficiency of evidence to determine liability. If the company requires more information from the injured party, it sends a request that specifies the document it requires.
In addition, the insurer conducts an independent investigation. For instance, it will approach the responding law enforcement officer to get the accident report. Once the company has all the necessary information, it applies the state’s tort and insurance law principles to know if it should pay the claim. Depending on the company’s determination, it may accept or deny a claim. Often, insurance companies accept claims but decrease the payout, offering just a fraction of their true value. In this case, the injured party and their attorney will have to negotiate for a more reasonable settlement.
Personal Injury Case Timeframes
The Fair Claims Settlement Practices Regulations in California apply to liability insurance companies. Therefore, the same time frame applies to car accident liability claims, premises liability claims, and medical malpractice claims.
- Sending a proof of claim. Under state regulations, the time frame for your personal injury claim starts when you inform the insurance company about your claim. Once you have notified the company, it has fifteen days to send a proof of claim to you and request claim documentation. When you get such forms, you must collect your medical records, time cards, and wage statements to prove your lost income and medical expenses.
- Investigating the claim. After you complete all the necessary forms and give documentation to support your insurance company, the company has forty days to conduct a claim investigation. After this investigation, the insurer can accept or deny your claim.
- Making a settlement payment. If the insurance company accepts your claim, it has thirty days to issue payment.