When confronted with the situation of being seriously injured in a car accident, one of the most difficult consequences might be facing mounting medical bills, lost wages, and financial uncertainty. In these cases, you should be able to focus on your recovery process, but navigating the insurance claims process can be frustrating and take a lot of time.
Insurance companies often delay payments, making it difficult for accident victims to get the compensation they deserve when they deserve it.
Many accident victims ask, “How long will my Missouri car accident claim take to settle?”. The answer may depend on several factors, such as the seriousness of the case, and how willing the insurance company is to negotiate a fair settlement. While some claim processes are often finished in a few weeks or months, others can take a year or more to resolve.
Understanding what influences the timeline of your claim can help you manage expectations and avoid unnecessary delays. In this article, we’ll discuss the key factors that affect settlement time, common reasons claims get delayed, and how working with an experienced St. Louis car accident attorney from Beck & Beck’s top rated auto accident injury law firm can help ensure you receive fair compensation as efficiently as possible.
What Are Some Factors Which Will Affect The Car Accident Settlement Process
The time it takes to settle a Missouri car accident claim varies depending on several key factors. Some claims are simple and resolved quickly, while others involve complex issues that make the process longer. Here’s a list of the most common factors that can affect the outcome of your settlement:
1. Complexity of the Accident
When the accident involves multiple vehicles or several injured parties, or it is difficult to find the at-fault person or entity, the settlement process is elongated. Insurance companies must investigate the details, police reports, witness stories, and collect statements from everyone involved. The more complicated the case, the longer it will take to resolve.
2. Severity of Injuries and Medical Treatment
Serious injuries may require medical treatment, which can delay the whole process. Insurance companies usually wait until you reach maximum medical improvement (MMI) before finalizing a settlement, ensuring that all medical expenses—both current and future—are accounted for. Ongoing treatments, surgeries, or rehabilitation can keep a claim open for months or even longer.
3. Disputes Over Liability
Delays can happen if there is a disagreement about who caused the accident. If the other driver’s insurance company denies liability or tries to shift blame, additional evidence—such as accident reconstructions, expert testimony, or surveillance footage—may be needed to establish responsibility. Disputes over liability often lead to extended negotiations or, in some cases, legal action.
4. Insurance Coverage Issues
If the at-fault driver is uninsured, or has limited or disputed coverage, or if your claim involves multiple policies, the insurance companies may need to commit to thorough investigations before continuing with the process. Uninsured or underinsured motorist claims can also take longer, as they may require additional legal steps to secure compensation.
5. Settlement Negotiations and Insurance Company Tactics
Your insurance company will try to minimize the amount of your payment, using common strategies such as delaying some steps of the process, making small first offers, or requesting excessive and sometimes unnecessary documentation. In cases where the insurer refuses to reach an agreement, an experienced St. Louis personal injury lawyer can help push through and intercede for maximum compensation.
6. Whether a Lawsuit Is Required
While many car accident claims are settled without going to court, some require litigation. In cases where the insurance company refuses to offer a just settlement, filing a lawsuit may be the only way to recover the full amount you deserve. However, lawsuits tend to extend the timeline significantly due to court schedules, legal motions, and trial preparations.
Having these factors in mind can help you set realistic expectations for how long your Missouri car accident claim may take to settle. Working with an experienced attorney can also help expedite the process by ensuring all necessary steps are handled efficiently and effectively.
What is The Car Accident Settlement Process in Missouri?
Settling a car accident claim in Missouri involves several key steps, which can vary in duration. Here’s a concise overview of the process:
1. Filing an Insurance Claim
The first step in the settlement process is reporting the accident and filing a claim with the insurance company. In Missouri, you are required to report an accident to the police if it resulted in injury, death, or property damage exceeding $500. Once the police report is filed, you should notify your insurer as soon as possible and provide the necessary documentation, such as:
- The official police report
- Medical records and bills
- Photos of the accident scene and vehicle damage
- Witness statements
Even if you were not at fault for the accident, it’s important to notify your own insurance company to comply with your policy’s requirements.
2. Insurance Company Investigation
Once the insurance receives the claim, they begin an investigation process to obtain the details of the incident. This process involves:
- Reviewing the police report and medical records
- Speaking with witnesses and other involved parties
- Inspecting vehicle damage and any available video footage
- Determining fault and assessing liability
Missouri follows a comparative fault system, meaning that if you are found partially responsible for the accident, your compensation could be reduced by your percentage of fault. This is one reason why insurance companies may try to shift blame to minimize payouts.
3. Medical Treatment and Maximum Medical Improvement (MMI)
Before accepting any settlement, it’s critical to reach maximum medical improvement (MMI)—the point at which your doctor determines that your injuries have healed as much as possible and the cost of your recovery is finally set. Settling too soon could leave you with unpaid medical expenses if you require ongoing treatment, rehabilitation, or future surgeries.
In some cases, insurance adjusters may pressure you to settle early, offering a quick payout before the full extent of your injuries is known.
4. Sending a Demand Letter and Negotiating a Settlement
Once you have your final medical bills and all of your damages are accounted for, the next step is submitting a demand letter to the insurance company. This document outlines:
- The total cost of medical treatment
- Lost wages due to time off work
- Pain and suffering damages
- Other accident-related expenses
The insurance company will review the demand and typically respond with a counteroffer. This begins the negotiation phase, which may involve multiple rounds of offers and counteroffers before a fair settlement is reached.
If the insurance company disputes the claim or offers an inadequate settlement, your attorney may need to present additional evidence, such as expert testimony or accident reconstructions, to support your case.
5. Accepting the Settlement or Filing a Lawsuit
If both parties reach an agreement, the insurance company will issue a settlement check, and the case will be resolved. However, if negotiations stall or the insurer refuses to offer fair compensation, the next step is filing a personal injury lawsuit.
Under Missouri’s car accident statute of limitations, you generally have five years from the date of the accident to file a lawsuit. Once a case enters litigation, the timeline can vary depending on court schedules, legal motions, and the complexity of the case.
6. Trial and Final Resolution
Most car accident claims settle before going to trial, but if a lawsuit is necessary, the process may involve:
- Pre-trial discovery, where both sides exchange evidence
- Depositions from witnesses and experts
- Mediation or arbitration to attempt a settlement
- A full court trial if no agreement is reached
A trial can significantly extend the resolution timeline, sometimes taking months or even years to reach a verdict. However, in cases involving severe injuries or disputed liability, going to trial may be the only way to secure the compensation you deserve.
How Will Working With a Missouri Car Accident Lawyer Help My Claim?
Going through a car accident can be a very difficult situation, let alone resulting in a claim. Doing it alone can be overwhelming and frightening, especially when dealing with huge experienced corporations like insurance companies that aim to self-protect and minimize costs. An expert attorney can help in several ways:
- Negotiate with insurers to secure a fair settlement and counter lowball offers.
- Gather crucial evidence, including medical records, accident reports, and witness statements.
- Accurately calculate damages, ensuring you seek compensation for medical bills, lost wages, and pain and suffering.
- File a lawsuit if necessary, pressuring insurers to settle fairly or take the case to court.
By managing the legal complexities, an attorney protects your rights, maximizes your settlement, and allows you to focus on your recovery.
Skilled Missouri Auto Accident Attorneys
At Beck & Beck Missouri Car Accident Lawyers, we help accident victims navigate the complexities of filing car accident claims. We understand the stress that follows a crash, including medical expenses and dealing with insurance companies. Our goal is to protect your rights and ensure you receive the compensation you deserve.
With extensive experience in Missouri car accident claims, we thoroughly investigate incidents, gather crucial evidence, and negotiate with insurance companies to maximize your settlement. If needed, we are ready to take your case to court.
When you work with Beck & Beck’s auto accident injury law firm, you’ll have a dedicated team guiding you through the legal process and advocating for your recovery. If you’ve been injured in a Missouri car accident, contact us for trusted legal support.
