- September 27, 2023
We understand how frustrating it can be when you’re left wondering why it’s taking so much time to settle your car accident claim. Depending on the case, a settlement may take several months or over a year.
In this blog post, we’ll explore some of the common reasons why car accident settlements can drag on and how a skilled Greenville car wreck lawyer can put an end to delay tactics.
Disputes About Fault Delay Car Accident Settlements
When it comes to car accident claims in South Carolina, one important factor that can affect the length of your settlement process is if the insurance company tries to argue you are partly at fault.
South Carolina follows the comparative negligence principle. If you are found partially at fault for the accident, your total damages award may be reduced accordingly. In other words, if you were deemed 20% responsible for the accident and your damages were $100,000, you would only receive $80,000.
It’s not uncommon for insurance adjusters to try and shift blame onto you in order to minimize their liability. They might argue that you were speeding or not paying attention at the time of impact. Back-and-forth negotiation about fault can significantly delay reaching a settlement agreement.
The Insurer Wants You to Miss the Deadline to Sue
Insurance companies will try everything to deny your claim. One common tactic they use is trying to push your case past the statute of limitations.
The statute of limitations sets a deadline for filing a lawsuit after an accident. In South Carolina, it’s typically three years from the date of the accident. Insurance companies may intentionally prolong negotiations and drag out the claims process in hopes that you will miss this important deadline.
Why would they do this? Well, by exceeding the statute of limitations, you lose your right to seek compensation through legal action. It’s their way of avoiding paying out what you rightfully deserve.
That’s why it’s crucial to have an experienced Greenville car accident attorney by your side, who will ensure that deadlines are met and advocate on your behalf so that you receive fair compensation.
Pressure to Accept a Low Settlement
Insurance adjusters may drag out your case by requesting unnecessary paperwork or repeatedly asking for additional documentation. They might take weeks or even months to respond to your inquiries or make a decision on your claim. All this waiting can be incredibly frustrating, especially if you’re dealing with mounting medical bills and lost wages.
By prolonging the settlement process, insurers aim to wear you down emotionally and financially so that accepting their inadequate offer seems like the only option. It’s important not to fall into this trap.
If you find yourself facing these delay tactics, it’s crucial not to give in prematurely. Instead, rely on your lawyer and let them continue negotiations or, if necessary, threaten with legal action.
The Other Driver Has Filed a Counterclaim
When you’re involved in a car accident, the last thing you expect is for the other driver to file a counterclaim against you. It can be surprising and frustrating, especially if you believe that they were at fault for the accident.
In these situations, your car accident case may take even longer to resolve. The process becomes more complicated. Your attorney will need to build a strong defense against the counterclaim and gather any necessary evidence or witnesses to support your case.
Delays in Communication With Healthcare Providers
It’s not uncommon for doctors and hospitals to have busy schedules. They may have limited availability for appointments or lengthy waiting times for test results. This can prolong the process of gathering the necessary medical documentation to support your claim.
Additionally, insurance companies often request detailed records from healthcare providers to verify the extent and nature of your injuries. Unfortunately, obtaining these records can sometimes take longer than expected due to administrative processes within medical facilities.
Moreover, some healthcare providers may be hesitant to release certain information without explicit consent from their patients. This requires additional time and effort on your part to ensure that all relevant documents are provided promptly.
An Experienced Greenville Auto Accident Attorney Can Help!
In the midst of a car accident settlement process that seems to be dragging on forever, it’s important to remember that delays are not uncommon. However, an attorney has extensive experience navigating through all aspects of your claim and knows how to fight delay tactics.
Do not waste any valuable time. Contact an experienced Greenville car crash lawyer as soon as possible after your accident. We offer each new client a free case review, so you don’t have anything to lose. Call 864-310-7897 today!
