Car accidents can be very scary events–whether it involves another vehicle or an unavoidable object in a driver’s path–and delays in the pay out of a settlement or claim can worsen the trauma. First, let’s examine what to do in the event of an accident to avoid problems from the start.

What Steps Should a Driver Take If He or She is Part of a Motor Vehicle Accident?

Many wonder what to do after a car accident. According to a March 2019 article in The Balance, before panicking about the process of filing a claim, a driver should determine if anyone is injured, including themselves.

If it remains unclear what the status of the drivers or passengers are in accidents with two or more vehicles, a police report and claim should be filed.

Even if the driver believes that he is technically “at fault,” they should never admit this to the other vehicle owner. Fault is determined by the insurance adjusters.

Secondly, to avoid delays in pay out of a settlement or a claim, you want to ensure you have as much documentation of the event as possible. This would include photos of the damage of all vehicles involved with license plates and make and models evident. Pictures of the other person’s insurance card, driver’s license as well as contact information from eyewitnesses would all be helpful.

In the event of hitting an unavoidable object, photos of the object and car damage would also be relevant. If damage appears to be minor and doesn’t involve another driver, you might consider getting an estimate for repair to see if the cost exceeds your deductible.

What if the Claim Is Denied, or the Settlement Offer is Inadequate?

Insurance companies often engage in claim denial games or offer small settlements in order to increase their bottom line as a business. They are not charitable organizations and as much as they pretend to be on your side when they are taking your premium payments, the self-serving reality often becomes very evident when an insurance company is needed.

Common excuses for denying or delaying claims are purported errors in filling out necessary paperwork and expiration of time deadline for submission of claim. Common excuses for low-ball settlement offers are questions of liability among the parties and hope that economic constriction will cause the offered to accept.

What If My Attorney Has Accepted A Settlement Offer On My Behalf, But It Has Been Delayed?

Consideration is given to the driver who has engaged the services of a personal injury attorney. In this case, a settlement offer is given and accepted or rejected by your attorney.

Once accepted, there may be many reasons for delay. First, you need to sign a release form indicating that you will, upon receipt of settlement monies, no longer pursue legal action. Often the opposing insurance company will have their own form and this might have to be adjusted between the two legal entities in a back and forth negotiation.

Once this is complete, you can speed up the process by ensuring your attorney sends all correspondence overnight certified with a returned receipt. This gives you the documentation to use should the other insurance company claim the paperwork was not received.

This article is not legal advice or medical advice. It is presented
for informational purposes only.