Truck accident claims with Seneca Insurance can take between a few months to over 1 year before they are settled. More complex cases requiring longer investigations and increased compensation for the victim can take 2 or more years. How much you are eligible to receive is determined by numerous factors, including the injuries you have and associated complications, the amount of damage to your vehicle, and psychological trauma resulting from the accident.
As an accident victim, we understand that you are anxious to settle your case and put this whole painful incident behind you. The truth is, there is no formula that we can use to figure out the number of months it will take to reach a settlement with Seneca Insurance. However, we can explain the variables that impact how long it takes to resolve a car accident insurance claim or lawsuit.
Factors that Affect How Long a Truck Accident Case Takes to Settle
Each accident case if unique, and there’s no way to predict how much time it will take to negotiate a fair settlement with the insurance company. Some cases are resolved in a matter of months, but we often find that claims where a commercial truck is involved take one or more years.
So, what re the elements that prolong a settlement for injuries resulting from a truck accident?
Our Recent Verdicts and Settlements
$1.5 Million
$1.5 Million
$2 Million
$1.5 Million
$734,851
$600,000
The Accident Investigation
Trucking companies and drivers must follow regulations that are imposed by the Federal Motor Carrier Safety Administration (FMCSA). After an accident, a thorough investigation is conducted to determine if there were violations of FMCSA rules. This process can be quite lengthy, and this is why truck accident cases take longer to resolve than the average car accident. Issues that play a role in the investigation process include:
- If negligence by the truck driver caused the crash or another type of accident
- If the driver complied with FMCSA regulations, like not driving beyond a certain number of hours in a row.
- If the truck company followed all rules and protocols regarding maintenance of the vehicle.
- If the employer was in compliance with hiring procedures and other regulations imposed by the FMCSA.
- If anyone other than the truck driver played a role in causing the accident
The Extent of Your Injuries
Claims that are based on serious injuries can take 1 or more years to settle. One reason for the longer timeline is the amount of time it will take for you to reach maximum medical improvement. This is the point where you have recovered as much as possible, and you doctor can make a final assessment of your prognosis and long-term or permanent health issues. Based on the severity of your injury, reaching MMI after a truck accident can take over 1 year.
Please note that you want to avoid settling your claim until you are at this state in your medical treatments. It’s impossible to get a total sense of the harm you suffered, your lifetime medical expenses, lost income, and other damages until you are fully recovered from your injuries.
Liability by Other Parties
Aside from the driver of the truck, other entities may have played a role in your accident. For instance, your accident may have been the result of faulty parts inside a truck or negligence maintenance by an auto mechanic. It’s not unusual with these cases to have multiple claims with different insurance companies, so it’s in your best interest to seek help from a truck accident injury lawyer as soon as possible.
If You are Partly at Fault
Sharing liability for a car accident is very common in California, which is a comparative fault state. But even if you are somewhat responsible, you are entitled to damages based on the other party’s percentage of fault for causing or contributing to the accident. Thus, you should always have your case reviewed by an experienced law firm, instead of believing Seneca Insurance on whether you are solely or mostly to blame for a truck accident.
Negotiation Process
Negotiating a settlement can be quite an extensive process, particularly for those with disability and other permanent complications. Backing up your claim with as much evidence as possible is crucial in these cases. The insurance company will also intensify their arguments as to why they are not liable for your injuries. This is where representation from a truck accident attorney really counts, as you will need help to refute their arguments and prove that you deserve a certain amount of compensation.
Filling a Lawsuit
Ideally, you and Seneca Insurance can come to an agreement on the amount you are owed. However, if enough time goes by without any progress, you may need to litigate your case. At that point, your lawyer will help you file a lawsuit. You can continue to exchange offers once a lawsuit if filed, but it lets the insurance company that you will not back down, and you are prepared to ask for a court hearing if necessary.
How can I Speed Up the Process?
Frankly, those with attorneys tend to settle their cases faster than claimants who represent themselves. A skilled Senecan Insurance truck accident claims lawyer will handle every aspect of the legal process, from investigating your accident to gathering evidence and filing a claim for damages. If necessary, they can file a lawsuit and prepare for the possibility of trying your case in court. But going to trial is extremely rare, and we would say that around 95% of all accident claims are settled by exchanging settlement offers with the insurance company.
Have You Been Injured in a Truck Accident?
If so, it’s in your best interest to learn about your rights and legal options from a California car accident attorney. Our law firm is comprised of legal experts with decades of experience in claims with Seneca Insurance and other truck insurance providers.
We are more than ready to fight aggressively on your behalf and ensure that you receive the highest possible settlement. Our law firm will take your case on contingency, so you won’t have to pay a single cent out of pocket. Legal fees are recovered as a part of your settlement, so wining your case is the only way we get paid.
Don’t hesitate to contact our office and learn how we can help you during a free, private consultation.
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