Truck accident injury claims handled by Arch Insurance Company can take anywhere from 3 months to 1 or more years to settle. If you and others involved in the accident suffered catastrophic injuries or there was a death caused by the accident, the settlement timeline may be 2 years or longer.
At the end of the day, it’s impossible to predict just how long an auto accident claim will take to resolve. That’s why the timelines we provided are solely estimates, which are based on settlements and verdicts we have achieved for clients in the past. But how long your own claim will take from start to finish is a personal matter that’s dependent on many different variables. However, we know from experience that truck accident claims require more investigation and scrutiny than a standard auto accident case. This will prolong the amount of time to settle a commercial truck accident insurance claim, which in undoubtedly a frustrating prospect for injury victims.
Knowing how desperate victims are to recover their finances, there are many instances where Arch Insurance Company will make a settlement offer shortly into the investigation process. This is a red flag that the offer is much lower than what you deserve, so you should always consult an attorney before you sign off on anything. Our law firm is here to answer all your questions and ensure that you get the best possible deal from a truck accident claim with Arch Insurance Company. Please contact our law firm and talk to a member of our legal team during a free consultation.
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Why Do Truck Accident Cases Take So Long to Settle?
This is a fair question to ask, especially if this is your first experience with car accident claims. And we can understand how the prospect of waiting 6 months or longer for compensation you are legally entitled to seems unfair and ridiculous. So, what are the issues that prolong a truck accident insurance settlement?
First and foremost, it’s important to understand that commercial vehicles like dump trucks and tractor trailers are governed by different rules and regulations. These standards are established by the Federal Motor Carrier Safety Administration (FMCSA), so the investigation into the accident can take up to a few months. But this is just one of many issues that influence the case resolution process.
Figuring Out Who is Liable
Liability must be determined whenever there is an accident, and this is not just a simple matter of one person is to blame over another. Here are some of the elements that investigators examine when they evaluate a commercial truck accident:
- Were there any violations of FMCSA regulations that caused or contributed to the accident?
- Did the trucking company use proper screening procedures and offer adequate training to the driver?
- Is someone other than the truck driver at fault for the accident?
- Was there a failure to maintain or repair the vehicle?
- Was the accident caused by negligence of a third party, like a truck mechanic or parts manufacturer?
The FMCSA has specific guidelines for how these trucks are operated and maintained, and a critical part of the investigation is determining if there were any violations of these rules. For example, many commercial truck accidents are caused by drivers that are on the road for too many hours in a row, or fail to take sufficient rest breaks between shifts, which are clearly defined by the FMCSA. The agency also provides standards for size, weight, and load capacity for each type of truck.
Severity of Injuries and Vehicle Damage
No one is surprised by the idea that commercial truck accidents cause severe bodily harm and property damage. These factors are essential to think about, as they have a direct correlation to how much time is needed to settle an insurance claim.
Most incidents where someone is harmed by a commercial truck result in long-term or permanent injuries, and even death. Such cases will be heavily scrutinized, and this is necessary to ensuring that liability is assigned to the correct parties.
Policy Limits
The coverage that’s available for bodily injury and other damages associated with an accident depend on the type of truck, its weight, and the cargo it carries (hazardous vs. non-hazardous materials, for example). This is one of the very first issues your lawyer will look into, as it will determine the legal strategy that’s needed to recover your financial losses.
Your Physical Recovery
Recovering from a serious injury can take months, if not years. And there may come a point where no further recovery can be achieved, and this is known as maximum medical improvement, or MMI. It’s crucial that you wait until this point before saying yes to any settlement agreements with Arch Insurance Company. Otherwise, it’s impossible to figure out the full scope of your medical expenses, especially if you need on-going treatments and services.
Exchanging Settlement Offers
We mentioned before that the insurance company may offer you a settlement right away. But it’s worth it to discuss the offer with a truck accident lawyer and negotiate for a better deal. Settlement negotiations can take just a few weeks, but 3 or more months is a more realistic timeline. Based on the degree of injury and how much compensation you are eligible to receive, it may take 1 or more years before both sides agree on a settlement amount.
If settling your case privately is impossible and a trial is required, getting paid from an Arch Insurance Company accident claim will probably take over 3 years. However, a settlement is more than likely, as only about 5% of all cases are tried in court.
Help from a California Truck Accident Attorney
The legal team of Normandie Law Firm is here for you 24 hours a day, 7 days a week. Don’t hesitate to contact us if you have any questions or concerns about your case, including how long it may take to settle an insurance claim with Arch Insurance Company.
We take all cases on a contingency basis if you choose to hire us. That means you are not asked to pay anything upfront, and our only form of payment is a percentage of your settlement check. So, there is no loss to you whatsoever if we don’t bring you a successful resolution.
To schedule a free consultation on your rights and legal options, reach out to us at your earliest convenience.
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