How do I get a car accident insurance claim settlement?

The amount you can get for a car accident settlement from your insurance company can vary, depending on the damages incurred, the costs of repair and whether there are medical bills to take into consideration. It's worth noting that you won't be able to get more than the at fault party's insurance policy limits. For example, for limits of 25/50/25 on … read full answerliability insurance, you can get at most $25,000 for body injury per person ($50,000 per accident) and $25,000 for property damage. However, if the policy limits aren't reached and you're still not satisfied with the offer, you can always negotiate a settlement with the claims adjuster.

It usually takes 30 days for insurance to pay out after a car accident. Most car insurance companies try to resolve accident claims as quickly as possible, which typically leads to a payout within a month of a claim being filed. However, it might take longer depending on several factors, including the state, the type of claim being filed, and the severity of damage or injuries.… read full answer

Some states have specific laws dictating how long an insurance company has to make a ruling and pay out on a claim. For example, insurers in California have 40 days to accept or deny a claim and 30 days to issue payment once the settlement has been accepted. And in Texas, insurers must decide on a claim within 45 days and make the payment within five days of approval.

Not all states provide exact timeframes, though. In Massachusetts, for example, insurance companies must pay claims where fault is clear within a “prompt and reasonable” period of time.

Factors That Affect the Claim Timeline

• State timeframes for insurance claims (some states are stricter than others)
• Type of claim being filed (bodily injury takes longer than property damage)
• Extent of physical damage or injuries (severe accidents can take a long time to settle)
• Communication between drivers, insurance companies, and adjusters (slow communication delays the claim timeline)
• Understanding of policy and coverage (you might think your policy covers you in a situation when it really doesn’t)
• Ability to pay insurance deductible (your insurance company won’t pay out until you’ve paid your deductible)

In particular, the type of claim being filed and the extent of the physical damage or injuries involved can significantly impact the payout timeline. Bodily injury claims take the longest to settle because multiple parties are involved, including your doctor, the car insurance company, and your health insurance provider.

Injury settlements usually have to wait until the patient has reached the point of maximum medical improvement (MMI). This is when an individual has made a full recovery or has a full assessment of the extent of their injuries and the expected long-term medical costs. If it takes longer than 30 days for the patient to recover, then the settlement could be pushed back.

Conversely, a straightforward property damage claim where fault is clear can be settled in as little as two weeks.

If Your Insurance Company Is Not Cooperating

Even if your state doesn’t have specific laws establishing a claims timeline, you still have the right to be paid quickly and efficiently by the insurance company. If your insurance company is acting in an unethical manner and delaying payment without a clear reason, you can file a “bad faith” lawsuit. In addition to your original settlement amount, you could be paid extra for interest and penalties.