The aftermath of a car accident and filing a claim on your insurance can often be a stressful time, but it doesn’t have to be! You pay your car insurance for a reason, and you shouldn’t be left in the dark about when your claim will come through. As any good car accident lawyer in College Station will tell you that there are laws in place to make sure claims like yours are settled quickly and easily.
Ask a Car Accident Lawyer in College Station: How Long Does an Insurance Company Have to Settle an Injury Claim?
The Law in Texas
Texas happens to have some of the strictest laws in the country when it comes to insurance claims. Under state law, any claim must be responded to within 15 days of being filed. Within this 15-period, there are a number of things that the insurance company must do to stay on the right side of the Texas Insurance Code, the legislation that governs insurance practices in the state.
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Within this period, they need to have acknowledged that they’ve received the claim from you and begun their investigation, which will likely include requesting relevant information from you to help the company correctly process the claim. As part of their notification process, they also need to notify you whether or not your claim has been accepted. In some cases, insurers might extend their response period for as long as 45 days, but they must have a good reason to do so.
Investigating Your Claim
Once they receive your claim, the insurance company will begin its investigation. Unfortunately, injury and other medical claims can often take a long time to process and may involve the claim being sent to the hospital where you were treated where the claims adjustors and insurance company will work with the hospital and doctors to process your claim.
It’s here that the nature and severity of your injuries start to come into play. If the damages sought are fairly low, the insurer may decide to settle quickly. However, higher damages tend to incur more scrutiny, and the company may take time to decide whether the medical bills and reports validate the claim.
Can I Speed up the Claim Investigation?
Unfortunately, there’s not a lot you can do to speed up the investigation once it’s in progress. However, the insurer might ask you for additional information; try and send this as quickly as possible to avoid delays. If you compile as much information as possible immediately after the accident, such as witness statements, police reports, and proof of loss forms so they can be found and sent off easily.
When Does the Insurance Company Pay Out the Claim?
When they’ve concluded their investigation, the insurance company will notify you of their decision. They must have a valid reason if they choose to reject it. Texas law stipulates that the company cannot delay your payment after they notify you that the claim’s been accepted. In fact, you might be entitled to damages should the insurer delay paying you longer than the “fifth business day after the date notice is made”.
When Should I Contact a Lawyer?
If you think your insurer is deliberately delaying or otherwise obstructing your claim, then it’s important to know that you have rights. The first thing to do is to look up car accident lawyers in Bryan, Texas, and to reach out as soon as possible. A lawyer will be able to fight your corner and ensure you get the settlement you deserve.
What If My Claim Is Rejected?
It’s an unfortunate fact of life that insurance companies have a valid interest in paying out as little as possible. The less money they’re paying you, the bigger their profits, and some companies employ especially underhand tactics to reject your claim. However, if your insurer does reject your claim, don’t despair. Insurers have to give a reason when they reject your claim, so the first step is to check it against your policy.
Talk to their claims department for clarification as soon as possible and get ready to file a formal appeal. This will need to be in writing and will usually require additional supporting documentation. If you believe that the insurer is acting in bad faith, then you may be able to pursue a bad faith lawsuit, opening the door for punitive damages against the company, as well as the original settlement you deserve. Talk to your lawyer as soon as possible about the details of your case.
Ultimately, the time it takes to settle your claim comes down to the nature of your case, and in many cases on the strength of your legal representation. Hopefully, it will all be settled quickly and easily. However, if things go wrong, you’ll need an experienced attorney at your side to fight your case in court.
