After a car crash, many people simply expect a settlement. It may seem that not long after the insurance companies get involved, a check soon arrives. We wish that were the case, but this is a common mistaken presumption.
There are many reasons why a settlement might not happen or why it could take a long time before you get the money. At Andrew Pickett Law, we want our clients to know what to expect. So let’s examine the reasons why settlements sometimes fail and how you can avoid the pitfalls.
Why You Might Not Get a Settlement (or Why It Could Be Delayed)
Think about the complexity of a legal case for a moment. There are at least two parties involved, and they want to argue over whose fault it was while protecting their own interests. There are bound to be delays or disappointments along the way.
Disputed fault
If the other driver says it wasn’t his fault, or if witnesses tell different stories, be sure that insurance companies won’t want to pay quickly. In Florida, when both drivers share some blame, the money each gets can be reduced.
If you happen to share more than 50 percent of the fault, then you can’t receive any damages whatsoever, as Florida law dictates. As you can imagine, insurance companies in this state will be hoping they can pin as much of the blame as possible on you.
Your injury isn’t severe enough
Florida has “no-fault” car insurance for injuries. This means, regardless of fault, you go to your own insurance provider first for coverage of medical bills and lost wages.
To sue the other driver for things like pain and suffering, your condition must meet Florida’s “serious injury” rule. This statute defines a serious injury as permanent, causing significant scarring, or leading to major loss of a body function.
Lacking enough documentation and evidence
A strong case needs strong evidence. If you don’t have enough proof to show the other driver’s fault, how bad your injuries are, or that the crash caused your injuries, your claim could be denied.
Delayed medical treatment
Insurance companies seek out any little detail that will give them an excuse to pay less or deny claims outright. If you wait a long time to see a doctor after a crash, the insurer could argue that your injuries weren’t caused by the accident or else weren’t as serious as you claim.
Insurance problems
Sometimes, a settlement can’t happen because of issues with insurance, such as:
- The at-fault driver has little to no coverage
- The insurance policy was canceled
- The driver wasn’t on the policy
- Your losses are more than the insurance policy will pay
Unfair offers or demands
Settlements come from negotiations that call for experience and take quite a while to work out. If your demands are too high, or if the insurance company offers too little and refuses to budge, talks can stop. This may be the point where filing a lawsuit becomes necessary.
Policy rules or fraud
Claims can be denied if certain rules in the insurance policy were broken or if the insurance company thinks fraud may be involved. Your claim could also be denied if you were breaking the law during the accident.
Making social media posts
Unfortunately, almost anything you put online can be used against you. Insurance companies often check social media to derail legal claims. This can work for them when, for instance, you say you’re badly hurt but post photos of yourself doing physical activities. Your claim could be denied or reduced.
Need free legal help in Florida?
We specialize in personal injury claims.
How to Avoid Losing Out on Your Money
Even though a settlement isn’t always guaranteed, you can take important steps to boost your chances of getting the money you deserve. Being active and staying informed is your best defense.
To preserve your case, make sure to do the following:
- Avoid saying sorry at the scene of the accident
- Seek medical attention right away
- Stick to your treatment plan
- Keep an injury journal, tracking your pain and well-being
- Be careful what you say to the insurance adjusters, even from your own provider
- Report the accident to your own insurance company according to their requirements
- Limit social media usage, even on private accounts
Watch deadlines
Florida’s statute of limitations applies to you, usually giving you only 2 years from the accident date to file a lawsuit. This means that you have until then to pursue an out-of-court settlement.
You may also need to report to your own insurance company promptly, perhaps within 24–72 hours. Missing deadlines can lead to your claim being denied.
Hire an experienced car accident attorney
This is the most important step to protect your rights and get the most money possible. When Andrew Pickett Law takes on your case, our skilled car accident lawyers will be prepared to take your case to court. A lawsuit is still possible after negotiations fail.
How We Can Help You Get Your Money
While a settlement isn’t always guaranteed, and the process can be hard, taking the right steps and having reliable legal help greatly increases your chances of success. Even if negotiating a fair settlement seems to be impossible within the time allowed, bringing your lawsuit to court is never going to be too hard for our experienced personal injury attorneys.
Don’t leave your compensation to chance. Our assistance could make a big difference in your case. Contact Andrew Pickett Law today to discuss your accident in a free consultation session. We serve the entire State of Florida.
Need free legal help in Florida?
We specialize in personal injury claims.
