How Long Does A Rear-End Accident Claim Take To Settle?
Getting into an accident of any kind can be a difficult experience, especially when you consider the potential injuries and having to deal with insurance. One of the most important things to consider when filing suit is whether or not to seek legal representation. Having legal representation is critical, as it provides you peace of mind in navigating the legal system.. Let’s take a closer look at what exactly a rear-end accident is, and why having legal representation is critical to the outcome of your case.
What is a Rear-End Accident?
Rear end collisions are common and occur daily nationwide. A rear-end accident is defined as when the front of one car makes contact with the rear bumper of another, causing potential damage to the vehicle, and injury to the vehicle’s occupants. There could be a number of reasons that could cause a rear-end collision, such as distracted driving, driving under the influence, or just pure negligence.
Who Is Liable for a Rear-End Accident?
In most cases, it is the vehicle that rear-ended the vehicle in front that is found at fault, however, this depends on each individual accident. This is because the individual following should keep a safe distance between the vehicle in front of them.
Even if the driver in front stopped quickly, the following driver should have been keeping a safe following distance to be able to stop in time. Therefore, they would still be held liable.
Importance of Understanding the Settlement Process
It is critical to understand the settlement process for those involved in a rear-end car accident claim, as it impacts how much compensation you will ultimately receive. In the event of a rear-end collision, the at-fault party’s insurance company would be responsible for covering the damages or injuries incurred.
It can be difficult to negotiate with the insurance company, which is why it is important to know how the process works, and how to navigate the settlement process.
This is why it is critical to seek the help of legal counsel, as your attorney knows how to navigate the settlement process, negotiate with the insurance company, and ultimately, pursue litigation if needed.
Furthermore, comprehending the settlement process is vital for making informed decisions about pursuing legal action. In some cases, the initial settlement offered by the insurance company may not adequately address the extent of the damages or the long-term consequences of the accident.
Having a grasp of the settlement process allows individuals to assess whether it is necessary to seek legal representation to negotiate a more favorable outcome or to take the matter to court. Furthermore, understanding the settlement process empowers individuals to advocate for their rights and seek the compensation needed to recover fully from the physical, emotional, and financial impacts of a rear-end car accident.
Understanding the settlement process is also important for making a decision on whether or not to pursue legal action. The settlement amount may not address the damages or long-term consequences of the accident. Knowing how the settlement process works helps individuals assess whether or not it is necessary to seek legal counsel.
Factors Influencing Settlement Time
There are various factors that influence the settlement time of rear-end car accident claim. One critical factor is the extent of the injuries of the parties involved. The more severe the injuries, the longer the settlement process may be.
In our experience settling rear-end car accident cases throughout Missouri, accidents with significant injuries, in turn, require more treatment, prolonging the amount of time the case takes to reach a conclusion. The quality of the evidence is also important, as well as witness statements, medical records, and more can affect the settlement process.
Another important factor to consider is the level of cooperation between the parties and their insurance companies. In our experience handling these types of cases, disputes over liability, disagreements on the extent of damages, and other delays could impact settlement time. The skill of the attorney handling your case can also be a contributing factor. How skilled the attorney is at negotiating and assembling your case is critical.
The Initial Steps & Timeline After a Rear-End Accident
There are a few important steps to take after a rear-end accident, and each one could prove crucial in the settlement process. Throughout this entire process, it’s important to seek legal counsel to help you through the legalities of your case. Let’s review some of the most important steps to take after the accident.
Reporting the Accident
When involved in a rear-end accident, it is important to call the police and get a report immediately. This provides concrete evidence that the accident occurred, and will help your case throughout the legal process.
Gathering Evidence
It is important to gather evidence from the scene, such as pictures and videos of any injuries or damage to the vehicles. You should also get pictures of the at-fault party’s insurance information and license plate. If there are any eyewitnesses to the accident, you should get their contact information as well.
Seeking Medical Attention
Even if your injuries are not immediately apparent, you should still seek medical attention after a rear-end accident, as underlying injuries could appear days after the accident occurred.Every injured party should be empowered to receive the treatment that they need. If you are experiencing symptoms after being in a motor vehicle accident, seek medical treatment from a trusted medical provider immediately.
Contacting Insurance Companies
Senior Trial Attorney Tyson Mutrux has been practicing law for over ten years and has handled many rear-end car accident claims. Insurance companies will always try to offer a lower than average settlement. If you have retained legal counsel it is important to never talk to any insurance adjusters without your attorney present. To maximize the amount of damages you receive, always consult with legal counsel.
Investigation by Insurance Companies
After you contact the insurance company to inform them of the accident, they will launch an investigation. This includes determining who is found at found, assessment of damages, and their initial offer of compensation.
Determination of Fault
Once the insurance company has assessed the damages, they can then determine who is at-fault in the accident. This is a crucial part of the process, and it is important to have your attorney available to help you throughout the determination of fault.
Initial Offer
Once the assessment is complete, the adjuster will provide you with an initial offer of compensation. In most cases, they will try and give you a lower offer than is reasonable, which is why it is important to have a trusted attorney by your side.
What Is the Average Time for Investigation of a Rear-End Accident Claim?
It’s difficult to put an exact timeline for a rear-end car accident investigation, as it depends on a few factors, such as the complexity of the case, the extent of the injuries, the insurance companies involved, and the legal process. In short, if the accident involved very little injuries, and the accident was straightforward, the investigation will likely span anywhere between a few weeks to a couple of months.
However, if more serious injuries are involved, disputes over liability, or if other legal actions are taken, it could prolong the entire process. The most important aspect to remember is that each case is different, and is influenced by various factors. Regardless of the severity of your accident, we recommend consulting a trusted attorney to help you navigate the legal system.
Potential Delays and Challenges
Some of the most common types of delays throughout this process include issues in determining fault, how the insurance company conducts their investigations, medical treatment required, disputed injuries or preexisting conditions, underinsured or uninsured drivers, the involvement of multiple parties, and settlement disagreements.
Types of Settlements
There are a few different types of settlements that you could be awarded in a rear-end car accident claim. These include:
- Full and Final Settlements: a full and final settlement is when all claims are resolved, including release of liability, compensation for damages, medical assessments, property damage, lost wages, pain and suffering, legal fees, and insurance coverage limits.
- Structured Settlements: a structured settlement is when periodic payments are processed, and the settlement structure can be customized. There are benefits to structured settlements as well, such as tax benefits, financial security, and guaranteed payments.
- Court Settlements: a court settlement is when two or more parties submit a resolution to the court for approval. Once the court approves the resolution, then it is legally binding, and the injured party receives the agreed-upon compensation.
Importance of Legal Representation in a Rear-End Accident Claim
Legal representation in a rear-end accident claim is critical to the outcome of your case. With proper legal representation, you can focus on recovery, while your attorney focuses on handling the insurance company and the legalities of your case. Insurance adjusters are trained to provide the least amount of compensation possible, which might not be enough to cover all your damages, both economic and non-economic. Handling this alone can be daunting, but by seeking legal counsel you can significantly improve the outcome of your case.
The law is complex and can be difficult to comprehend. However, attorneys understand the complexities of the law, and how rear-end car accident cases are handled. Hiring legal counsel is crucial to the outcome of your case.
Patience and Persistence in Rear-End Accident Claim Settlements
Regardless of your individual case’s timeline, patience and persistence is important. This is why we recommend hiring a lawyer, as no matter how long it takes, your attorney will fight for you every step of the way. Your attorney is a skilled negotiator, knows the intricacies of the law, and will act as your voice in your time of need.
Have you been involved in a rear-end car accident? Get in touch with our attorneys at Mutrux Firm Injury Lawyers for a free consultation. As lawyers, we will not quit until our clients are satisfied with the result, and are awarded the compensation they truly deserve.