Your accident happened in seconds. Bills are also coming in at seemingly record speeds. So, why is settling your accident claim taking longer than a couple of days? Unlike your bills stemming from your accident, your potential settlement check is going to take longer to arrive.
The average timeline to settle a Texas accident claim varies, but it shouldn’t take several months to resolve your injury case. Having a basic understanding of what goes into settling an insurance claim can give you a better idea of how long you’re going to wait.
Send a Notice of Your Claim
While insurance companies pay attention to whether or not you’re keeping up with your premiums, they aren’t necessarily watching to see if you need financial compensation. Insurance companies only have a responsibility to their clients when they receive what’s known as a notice of a claim.
Yep, this is a legal document so it’s not really something you can jot down on a piece of paper or send as an email. The best advice is to work with a Texas accident attorney. This way you don’t need to worry about missing any filing deadlines.
You usually have two years from the date of the accident to file your notice of a claim in Texas. If you miss the statute of limitations, there’s a good chance you’re not going to be able to recover compensation.
Don’t forget to include your supporting evidence like accident reports, medical records, etc. Including the proof now can help speed up the settlement process.
You Wait For a Couple of Weeks
Texas gives insurance companies 15 days to take care of three things:
- The insurance company lets you know they received your accident claim. They’ll probably send you proof-of-loss forms. This is considered your sworn statement about the accident and your injuries, so don’t fudge any details.
- The insurance company starts investigating your accident.
- You may need to provide additional information about your claim. The insurance company will contact you or your attorney if they need anything else.
By the time the 15 days are up, you should know if your accident claim is being approved or denied. If your claim is denied, talk to your personal injury attorney about filing an appeal.
There’s Another Waiting Period
Okay, it’s been two weeks and the insurance company is probably going to approve your claim. The key word is probably. Now, you’re in what’s known as the determination process. The insurance company has another 15 days to let you know definitively if your claim is going to be approved or denied.
During what’s often an excruciating wait, the insurance company may ask for additional information or clarification on submitted evidence. Don’t be surprised if the insurance company comes back with a lower offer than your claim’s actual value. This is normal and part of negotiations.
Insurance companies usually only pay out small value claims without any fuss. If your claim is considered higher-value, the insurance adjuster is going to dicker over your potential settlement. This is when it’s a good idea to work with an accident attorney in Texas. Your attorney can help you negotiate a fair settlement.
Your Accident Claim is Approved
Finally, after a month of sending documents and waiting for a response, the insurance company is approving your accident claim. Now, Texas gives insurance companies an additional 5 days to either start processing your claim or approve the release of your payment.
So, if everything goes smoothly the average time it takes to settle a Texas accident claim is around 35 days. However, before you mark the date on your calendar. IF insurance companies are running behind, they can file for a 10-day extension. This can bring your wait time up to 45 days.
What Happens if Insurance Companies Delay Accident Claims?
You can’t start screaming insurance foul after 45 days, you still need to give the insurance company a little more time. However, if it’s past 60 days and you’re still waiting for news about your accident claim, you may be able to sue for insurance bad faith.
If your insurance bad faith claim is successful, you may be able to recover your claim’s full value, along with up to 18% in annual interest rates. The insurer is also usually responsible for covering your attorney and legal fees. Yep, this applies even if you have a contingency fee agreement with your accident attorney.
Sometimes Accident Claims are Legally Delayed
Even though the Lone Star state is pretty clear on accident settlement timelines, the law does all for some exceptions. If any of these exceptions apply, you’re probably going to be waiting longer than 35 or even 45 days.
Fault Isn’t Clear
Fault isn’t always obvious in an accident. If there are questions about liability, insurance companies are going to put claims on hold. Essentially, the clock doesn’t start ticking for insurance companies until fault is clearly established.
How long this delays the settlement process usually depends on accident severity and complexity. For example, it’s probably going to be harder to determine fault in a multi-car pileup compared to a two-vehicle collision.
Negotiations Can Drag Out Your Settlement Timeline
Once you’re negotiating with the insurance company, the clock essentially grinds to a halt. How long negotiations take varies. Every accident claim is unique. However, once a settlement is reached, the clock kicks in again. Usually, insurance companies have five days to start the process or approve the settlement check.
Severity of Your Injuries
You really can’t file an accident claim until you’ve reached what’s called maximum medical improvement (MMI). This is when your injuries have improved about as much as they’re going to get. If you’re only dealing with minor cuts and bruises, you’re probably not going to have much of a delay. However, it can take months to recover from severe injuries.
Speeding Up the Accident Claim Settlement Process
There’s not a lot you can do to get the insurance company moving more quickly on your accident claim. Typically, insurance companies have 45 days to settle your claim. However, you can help the process go more smoothly and even avoid insurance bad faith issues by working with a Texas personal injury attorney.
