If you have been hurt in a car accident due to another person’s negligence, you can file a claim against the at-fault party to recover your medical expenses, lost income, and other losses. As you try to make a full recovery, though, you may also struggle to pay your doctors’ bills and other expenses. You need compensation quickly, so you can focus on getting better and moving forward with your life.
Unfortunately, there are many things that can delay compensation from a car accident claim. Below, our Baton Rouge car accident lawyer explains what these are.
Assessing the Full Scope of Your Injuries
One of the most common delays in car accident cases is the time necessary to assess the full scope of your injuries. This is the only way you will fully understand your future medical needs, the cost of treatment, and the long-term impact the injuries will have on your life. Certain injuries, such as spinal cord damage and traumatic brain injuries, do not immediately show their full effects.
If you accept a settlement too quickly, you may underestimate your long-term medical needs, which may leave you without the compensation you need for continued care. It may also take doctors several months to determine that you have reached maximum medical improvement (MMI), which means your injuries will not become any better or any worse.
Disputes Regarding Fault
Disputes regarding fault are another common cause of delays. If the other driver, or the insurance company that represents them, disputes fault, it can create significant delays in the claim process.
The insurance company covering the at-fault party will investigate the crash, review police reports, talk to witnesses, and analyze footage from traffic cameras. If there is insufficient evidence or contradicting witness statements, the insurance company may delay or deny the claim. In certain cases, the liable driver may try to shift blame to limit their liability, which can further complicate the process.
Bad Faith Insurance Tactics
Insurance is a big business, and insurers prioritize their profits over the well-being of accident victims. They often use stalling tactics in the hopes that an accident victim will become frustrated and give up on their claim, or so they will become desperate for compensation and accept a lowball offer. This is known as bad faith, and some common strategies used include:
- Requesting unnecessary documentation to delay the process
- Taking an unreasonable amount of time to respond to inquiries, or delaying communication
- Interfering with medical treatments, claiming they are not related to the crash or that they are unnecessary
- Making lowball offers, forcing victims to negotiate extensively before receiving a fair settlement
If you suspect the insurer is delaying your claim deliberately, it is important to speak to a Baton Rouge car accident lawyer who can fight back against bad faith tactics.
Inaccurate or Incomplete Documentation
Any missing information or mistake could result in delays in the process. Some of the most common issues are as follows:
- Incomplete or insufficient medical records
- Inaccurate personal information, such as inaccurate policy numbers or misspellings
- Failing to provide sufficient proof of damages, such as lost wages, medical expenses, and estimates for repairs to the vehicle
Fortunately, these delays are avoidable. Ensure all statements, forms, and medical records are accurate and complete before submitting them. A car accident attorney can review your paperwork and make sure it is complete and accurate.
Litigation vs. Settling
Although the vast majority of car accident claims are resolved during settlement negotiations, there is a minority of cases that go to trial. Trials take far longer than settlement negotiations and may extend the timeline of your case to one year or longer. While you may want to avoid this long delay by accepting a settlement, there are times when going to trial is necessary to uphold your rights. These include:
- The insurer will not make a fair settlement offer.
- There are multiple parties involved and serious questions regarding fault.
- The insurance company has unfairly denied the claim.
Our Car Accident Attorney in Baton Rouge Can Help You Avoid Delays
One of the best ways to avoid delays in your car accident claim is to work with a Baton Rouge car accident attorney. At Big River Trial Attorneys, our experienced attorneys can provide the legal advice that will help your claim proceed as quickly as possible so you get the compensation you need when you need it. Call us now at (225) 963-9638 or contact us online to schedule a free consultation and to get the legal help you need.
