Some accident claims are straightforward and others drag on, especially if there is anything contentious about the claim. If the injuries and damages were caused by another driver, you need to be prepared that the claim could get more complicated especially if the other driver, or their insurance company, fights responsibility in order to avoid costs or criminal charges.
The most uncomplicated type of claim after a car accident are ones where you are only making a claim to the damage to your vehicle. This means that you are asking your insurance company, or the insurance company of the driver at fault to pay to have your vehicle fixed. Or, if the vehicle cannot be fixed, to pay for its actual cash value. Once a personal injury claim is involved, the process for resolving the claim could take much longer.
Claim Settlement Before a Lawsuit
Personal Injury Lawyer in Waterloo knows that a large portion of claims can be resolved through the insurance company without getting the courts involved by filing a lawsuit. These are the most straightforward and can be done if all involved (meaning the drivers and their representing insurance companies) can agree on the following:
• The cause of the damage, be it a road condition like a pothole or an animal like a dear, or who was at fault for the accident.
• the extent of the damage to the vehicle
• the cost of repairing the damage to the vehicle
• what has been determined as the actual cash value of the vehicle if it’s determined that the vehicle is a total loss. (This is done based on the insurance company’s valuation of your damaged vehicle.)
A resolution can be reached quickly if there are no contentious issues. An example of a contentious issue is a case where the vehicle damaged had pre-existing damage that could have made the accident worse.Resolutions are faster when all drivers involved in the accident have adequate vehicle insurance. Your own collision coverage will generally cover the costs of damage to your vehicle if you’re at fault, and if the other driver has liability insurance, that would be applied to your vehicle damage.
Cases get more complicated when there is anything to argue about regarding liability and losses, lack of insurance coverage, or insufficient insurance coverage. A straightforward insurance claim can often be resolved within the first 30 to 90 days after an accident.
Complications to a Vehicle Damage Claim
Other discoveries in the process of an investigation can slow the process of a vehicle damage claim after a car accident. Any disputes as to who was the cause or the extent of the injuries can extend a lawsuit to six to 12 months to conclusion from filing.Mediation may be necessary to try to resolve the issue faster. If disputes regarding compensation are for a relatively low amount of money, they could end up in small claims courts. Bigger courts could be involved in personal injury disputes dealing with vehicle accidents.Very few non-injury vehicle damage cases go to the trial case since this is an expensive and time-consuming process that can go on for as long as two years or more.