Even though Florida is a no-fault insurance state, drivers who sustain serious injuries can file claims against the at-fault driver. If the other driver has liability insurance, the insurance company should pay your claim once you prove the other driver caused the car accident.
Florida insurance laws require insurance companies to issue a settlement check within 20 days after signing a settlement agreement. However, that does not mean you receive a settlement check a few weeks after your car crash.
Many factors determine how long it takes to get a settlement check from a car accident in Miami. Unfortunately, you cannot always control all factors that affect the timeline for a personal injury settlement.
Filing an Insurance Claim After a Miami Car Accident
After you file your insurance claim against the other driver, the insurance provider investigates your claim. It assigns an insurance adjuster to handle the claim. The claims adjuster contacts you for more information.
Generally, it is best to consult an attorney before speaking to an insurance adjuster. The statements you make to the insurance adjuster could impact the amount of money you receive for your claim. A claims adjuster’s priority is to protect the insurance company from liability (i.e., to pay as little as possible to settle your car accident case).
Even though the insurance adjuster investigates your car accident claim, you have the burden of proving the other driver caused the car crash. You also have the burden of proving the extent of your injuries and damages.
An insurance company could use several tactics to reduce the amount of your settlement check. Some common ways insurance companies reduce the value of claims include:
- Alleging you failed to mitigate damages
- Disputing liability by raising allegations of contributory fault
- Claiming your injuries resulted from pre-existing conditions
Delays in seeking medical treatment, the statements you make to insurance adjusters, and other actions could give the insurance company evidence to support their claims. Seeking legal advice as soon as possible is the best way to protect your right to fair compensation for a car accident claim.
A car accident lawyer conducts an independent investigation into the cause of the car wreck. The attorney gathers evidence proving the accident was the other driver’s fault. Your attorney also has the resources to hire expert witnesses to assist with your case, as necessary.
How Long Does It Take to Settle a Car Accident Claim in Miami?
Your lawyer does not settle your case until you complete medical care. Settling a car accident claim before your doctor releases you could result in a much smaller settlement amount for your claim. It could also mean you are responsible for paying bills and expenses out of your pocket.
Factors that affect the timeline of a car accident settlement include:
- How long it takes you to recover from your car accident injuries
- Whether the insurance company is willing to negotiate in good faith
- The complexity of your case, including the parties involved
- The length of the accident investigation
- Whether the insurance company disputes liability for the claim
Hiring an experienced personal injury lawyer can help avoid unnecessary delays in the claims process. Your lawyer monitors the insurance claim to keep it moving as fast as possible, given the facts and circumstances of your case.
An attorney also documents your damages and calculates the correct value of your damages. If another driver is responsible for causing your car crash, you could receive compensation for your economic damages, including lost wages and medical bills. You can also recover compensation for your non-economic damages, including pain and suffering.
What Happens After I Sign a Settlement Agreement for a Car Accident?
It could take several weeks to receive your settlement proceeds after signing a settlement agreement. The insurance company issues a settlement check within 20 days after signing the settlement agreement. However, the check must clear the lawyer’s bank account before he can disburse any funds.
The lawyer deducts their fee and the costs of the case from the settlement proceeds. Most car accident lawyers take cases on a contingency fee. Therefore, the attorneys’ fee is a percentage of the settlement amount.
Negotiating settlements of medical liens and subrogation claims could take time. Your lawyer must pay these liens from your settlement amount. However, the medical providers and your health insurance company could agree to accept a lower payment to settle their lien or claim.
Waiting for your settlement check can be frustrating. However, being patient can result in more money going into your pocket. We aim to maximize the money you receive for your car accident claim.