For individuals involved in a car accident, the process of receiving a settlement can be lengthy and stressful. According to legal insights from Queens-based attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C., understanding the common reasons for these delays can help victims navigate the post-accident period more effectively.
Several critical factors can extend the timeline for a car accident settlement. Disputes over liability are a frequent cause, often requiring a comprehensive investigation to determine fault. The extent of injuries also plays a significant role. For a claim to be accurately valued, victims must often reach “Maximum Medical Improvement” (MMI), the point at which their medical condition has stabilized. This is particularly true for serious injuries, which demand extensive treatment and thorough documentation to ensure that compensation covers both current and future medical needs.
Insurance companies are another primary factor in settlement delays. Insurers may employ strategic tactics to minimize or postpone payouts, such as making unreasonably low initial offers or requesting redundant documentation. An understanding of these common delay strategies is crucial for claimants seeking timely and fair compensation.
The legal framework in New York further influences settlement timelines. The state’s no-fault system requires all motorists to carry Personal Injury Protection (PIP) to cover initial economic losses like medical bills and lost wages, regardless of who was at fault. Claims under this system must typically be filed within 30 days. If an injury meets New York’s “serious injury” threshold—such as a fracture, significant disfigurement, or substantial physical impairment—a victim can pursue a lawsuit for additional damages beyond PIP coverage. However, proving a serious injury can complicate and prolong the claims process.
The settlement process itself is multi-staged, involving claim initiation, evaluation by adjusters, negotiations, and, if necessary, litigation. Each step requires careful preparation to protect the claimant’s rights. External factors can also cause delays, including difficulties in obtaining complete medical records, assessments from treating physicians on long-term impacts, and the resolution of medical liens. Cases involving multiple parties or disputed liability are more complex and carry a higher risk of going to trial, which can significantly lengthen the timeline.
Victims can take proactive steps to facilitate a smoother process. Promptly submitting required paperwork, consistently attending medical appointments, and maintaining thorough records can help expedite a resolution. It is also advisable to avoid discussing the accident or injuries on social media, as insurance companies may use such posts to challenge a claim.
Finally, exercising patience with initial settlement offers is key. Insurers may pressure claimants to accept a low offer quickly, but these early proposals rarely account for the full scope of damages. A thorough and patient negotiation process is essential to securing a fair settlement that covers all current and future expenses related to the accident.
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