How Long Could My Truck Accident Case Take to Settle or Resolve?

Truck accident victims often wonder how long it will take to settle or resolve their claims. Unfortunately, there is no easy way to answer this question without knowing the facts and details. This is because the timeline of a truck accident case can change depending on a wide variety of factors.

If you need an accurate estimate of how long the process may take based on your situation, your best move is to speak to a San Antonio truck accident attorney. They can listen to your experience, help you know what to expect, and work with you to meet important legal deadlines.

What is the general guess on how long a truck accident case can take to settle or resolve?

The time it takes for a truck accident case to settle or resolve can vary. Many factors can impact this length of time, such as the severity of injuries, the cooperation of the parties involved, the healing and recovery timelines, and whether the case will likely go to trial. Simply put, the more complex a legal case is, the longer it will take to settle or resolve.

Most truck accident cases are catastrophic and devastating, which means they cause serious property damage and injuries. As a general estimate, your case will likely take a year or more to settle or resolve. However, it is critical to hire an experienced, skilled, and knowledgeable attorney to discuss your situation in depth and determine the possible timeline for your case.

Hurdles that might extend the time it takes to settle

If the truck driver was at fault, their insurance should cover the injuries and related bills. However, insurance companies often work to reduce or avoid paying. Some tactics they might try include:

• Claiming that their driver didn’t cause the accident and refusing to pay
• Arguing that you are partly at fault and that you should be responsible for some share of the losses and costs
• Claiming the driver lacks adequate coverage to pay for your losses
• Avoiding you by ignoring your emails or calls
• Delay returning your calls while they wait for the at-fault policyholder to get back to them about the accident – and the policyholder may be avoiding them because they don’t want to take responsibility

When insurers use these tactics, they can extend the amount of time it takes to resolve your claim. You don’t have the same rights with that company as you do with your own insurer, which makes the situation more challenging. Remember that if the company does deny your claim, you should get their reasoning in writing. Your attorney should be able to help you navigate conflict with the other driver’s insurance provider.

Even if the other driver is insured and clearly at fault, the insurer does not have set requirements for how long it takes them to decide or pay. However, the law states that “ the company must act in good faith and try to settle your claim quickly and fairly.”

If the situation is that the driver doesn’t have insurance or enough insurance, your next step might be to file a claim with your own provider.

Texas insurance laws and timelines

If your company is responsible for paying out on your claim, the law requires set timelines rather than the imprecise “quickly and fairly” language used for third-party claims. In these cases, you can get a better idea of how long it might take, for instance:

• They must notify you within 15 days of filing that the insurance company received your claim
• The insurance company might request a signed proof-of-loss document or send you for a medical evaluation
• An adjuster will examine the claim, reviewing the damage to the vehicle involved and the paperwork provided about your injuries
• The claim must then be accepted or rejected by the insurance company within 15 days of it having all of the necessary information to process a decision
• The insurance company is allotted up to 45 days to process a claim – however, it must provide you with notice as to why
• A denial must be submitted to you in writing
• If a claim is approved, you must be sent a check for the settlement amount within five business days of approval

While you might think working with your insurance company would be easy and that you will be able to recover for your losses, this is not always the case. You might need the help of an attorney who can help with an uninsured or underinsured motorist claim because your insurer can become the opposing party with whom you must negotiate. These situations can be complicated, so your best bet is to speak to an experienced lawyer about your options.

A look at the phases for a San Antonio truck accident case

From the very beginning of your claim, your lawyer can provide assistance by helping you file a claim and negotiate with the insurance company. Here are some of the steps involved in most truck accident cases and how your attorney may assist you:

Investigating: When your case is in the investigation phase, it usually means that your attorney is investigating your accident and collecting evidence to support your claim. They may be looking at and collecting police accident reports, surveillance footage, medical records, dashboard cam footage, Black Box data, GPS data, truck driver logs, eyewitness statements, company inspection and maintenance records, and more. The investigation phase is one of the most important parts of your truck accident case as it can help your lawyer learn the events that led to your crash, determine who might be liable, and analyze the strength of your claim.

Filing a claim: If your attorney believes your case will succeed, they may file a claim on your behalf. The claim is filed with the at-fault party’s insurance company, which could be the truck driver, the trucking company, a truck mechanic, the loading crew, the manufacturer, or multiple parties. This phase usually requires a lot of paperwork as it explains what happened, who is responsible, what type of injuries and losses you suffered, and how much compensation you requested.

Waiting for a response: The next phase involves waiting for the insurance company to respond. This could take a few weeks as the insurer will review everything and determine how much money they think is reasonable for your losses.

Negotiating: If you receive an offer to settle, the odds are that it will be for less than your claim is worth. Your attorney will begin the negotiation process and attempt to reach a more favorable settlement. They might be able to reach a fair and reasonable settlement, or the insurer might refuse to make an offer you are willing to accept.

Agreeing to a settlement: If you reach a settlement, your attorney will work to finalize everything. Your settlement will usually go toward some expenses, like your outstanding medical bills, legal fees, and other costs, before you receive the remaining amount.

Taking the case to court: If the insurance company becomes too difficult to work with or refuses to offer a higher settlement, your attorney may suggest that you take your case to court. Your accident claim will become a lawsuit. Taking this route will mean that your claim will take more time. However, putting this type of pressure on the company might be the only way to get them to make a fair offer. Even if your claim becomes a lawsuit, it is likely that it will settle long before you go to trial.

Don’t wait to connect with a lawyer about your truck accident case

If you have recently been involved in a truck accident, please do not hesitate to get in touch with a San Antonio truck accident lawyer from Pat Maloney: Accident & Injury Attorney. We’ve spent decades representing and advocating for truck accident victims. All you have to do is give us a call or submit our contact form to schedule a free, no-obligation case review at our San Antonio office today.