If an insured automobile has felt the impact from a rear end collision, the owner of that same auto has the right to seek compensation from the insurance company of the responsible driver. How long should it take that same owner to obtain that desired compensation package?
Factors that might affect the length for any interval in the timetable
• The presence of minors in the impacted vehicle
• Evidence that the claimant had a pre-existing condition
• The lack of uncertainty, regarding the identity of the at-fault driver
• The at fault driver had insurance
What could be the source of evidence in support of any of the factors listed above?
• Witness statements
• Photographs taken at the scene of the accident
• Medical reports; medical bills
• An estimated cost for repairs
• Proof of lost earnings for the driver or any of the passengers
Barring any complications, what would a typical timetable indicate about the time required to compensate the insured car owner?
If the owner had agreed to a negotiated settlement, the insurance company could deliver the desired check in about 90 days.
If the car’s owner chose to pursue a lawsuit, a discovery session would be held. That would take between 6 and 12 months.The owner might elect to pursue an ADR (alternative dispute resolution), such as mediation. That could take another 6-12 months. If the mediation did not lead to creation of an agreement, the court would schedule a trial. Jurors would get selected. The lawyers for both sides would contact expert witnesses. The trial would start as much as 2 years after the accident’s occurrence.
The trial might last another year. At the conclusion of the trial, the spokesperson for the jury would read the group’s decision. Only after the judge had heard the decision could arrangements be made for delivery of the compensation package to the waiting plaintiff.
The entire process could take as long as 3 years. Although that seems long, it could represent a dangerous short cut. It is possible that the failed negotiations started before the driver or any injured passengers had reached the point of maximum medical improvement.
Personal Injury Lawyer in Kingston know that claimants that try to get their money in a hurry can feel tempted to agree to an early settlement. That means that the insurance company gets freed from the need to compensate the claimant for any new expenses, such as those caused by new symptoms.
In other words, an inpatient’s desire for quick money could mean real problems in the future. It could result in delivery of a compensation package the does not cover the entire amount of the claimant’s accident-related expenses. Thus, the money received earlier gets used to pay for some unexpected medical problems.
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