When you have been in a bike accident and are dealing with the aftermath, one of the most pressing questions on your mind is likely how long it will take to resolve your claim. While it is impossible to give an exact timeframe without knowing the specifics of your case, some general factors can affect the duration of a bike accident claim.
Timing is a vital concern in any personal injury case. You are filing a claim because you have suffered an injury and damages and want to get paid as soon as possible. However, your needs and timetable do not matter much to the insurance company, which has its own interests in mind. Insurance companies are your adversaries, and they have a financial position to protect. Accordingly, you may not get your money as quickly as you hoped in a bicycle accident claim.
The exact timing of your claim depends on the circumstances of the claim and the insurance company in your case. The only thing you can do to move the ball forward and protect your legal rights is to hire a bicycle accident attorney as quickly as possible. When the insurance company sees a tough bicycle accident lawyer representing you in the claims process, it knows that there is someone who can hold it accountable.
One of the key advantages of having an attorney by your side is their experience in dealing with insurance companies. Insurance adjusters are skilled negotiators who often try to minimize the value of your claim or deny it altogether. An experienced attorney knows the tactics insurance companies use and can fight to ensure that you receive fair treatment. They will gather all the necessary evidence, including medical records, witness statements, and accident reports, to build a strong case on your behalf.
The Exact Timing of Your Bicycle Accident Case Depends on the Facts and Circumstances
It is difficult to give a concrete answer about how long your bicycle accident case may take because there is a wide range of outcomes when dealing with insurance companies. You may resolve your claim quickly, or it may take well over a year from start to finish after extensive negotiations with the insurance company. You may even need to litigate your bicycle accident case if the insurance company will not pay you properly for your claim.
You Do Not File a Claim Immediately After Your Bicycle Accident
You may be unable to file a claim immediately after your bicycle accident. The first step in the claims process is hiring a bicycle accident lawyer to ensure you file your claim correctly. When you approach the insurance company, you must present a compelling case that persuades it to pay you and give you what you deserve.
Your bicycle accident attorney will need time to investigate your accident thoroughly. The aim is to gather and compile enough evidence for the insurance company to conclude that its policyholder is guilty of negligence and that it must make you a settlement offer. Your bicycle accident lawyer may speak with witnesses who saw what happened, or they may even work with an accident reconstruction expert to give their opinion about whether the driver was to blame for the crash.
Then, your bicycle accident attorney will quantify your damages to determine how much money you can get in a settlement. However, they cannot do this until you reach the point of maximum medical improvement. It can take surgeries and extensive rehabilitation to understand your prognosis and future needs, so your attorney will have to wait until this point to calculate how much compensation you should receive.
The Insurance Company May Dictate the Timing of Your Bicycle Accident Case
Then, your bicycle accident attorney can file a claim with the insurance company on your behalf. What happens next depends on the insurance company; some may respond to your claim more quickly than others. If your bicycle accident attorney has sent the insurance company a demand letter, it may take even longer for you to get a response. It is not uncommon for insurance companies to take several months to evaluate your claim. They may not have an incentive to give you a quick answer because they want to improve their leverage and negotiating position.
Even when the insurance company responds to your claim, this is only the beginning of a lengthy legal process. Sometimes, the insurance company may deny your claim, representing the end of the claims process. If you still choose to pursue financial compensation, you will have to do so by filing a lawsuit against the responsible driver in court. It is essential to remember that insurance companies do not have the last word when they deny your claim.
You Must Engage in a Lengthy Negotiations Process with the Insurance Company
Insurance companies may respond to your claim by accepting liability and making you a settlement offer. They have had the chance to review the evidence your bicycle accident attorney presented to them. If your lawyer makes a compelling case, the insurance company will realize that you will likely prevail at trial and do not want to risk fighting you. However, making a settlement offer is not the final step to settling your case.
Most of the claims process will involve extensive negotiations with the insurance company over the compensation you should receive. The first settlement offer is almost always going to be low. The only way insurance companies will make you their best settlement offer at first is when it is highly apparent that you should get maximum policy limits. Otherwise, they will likely test the waters to see what you will accept in compensation. The more time that elapses, the stronger the insurance companies believe their position to be in your case. They also hope these delays will give you a growing sense of desperation, causing you to take less money.
You Can Reject Low Settlement Offers
When the insurance company has made you a low settlement offer, nothing says you have to accept it. You are part of a negotiation and free to do whatever makes sense for you, and if it is not in your best interests to accept a settlement offer, you can reject it. Then, you can make a counteroffer to the insurance company, which is often what your bicycle accident attorney will do when the settlement offer on the table is low. It may make sense to continue negotiating with the insurance company until it raises its offer to a more reasonable level. However, it may take multiple rounds of offers and counteroffers over an extended period.
Against this backdrop, you have the threat of litigation, which can work in your favor. When you take your case to court, insurance companies lose any of the control that they think they have over your claim. The judge and jury take control of the legal process, with the judge setting the schedule and ruling on motions and the jury making the ultimate decision in your case. If you take your case to court, the insurance company must hire a defense lawyer. These attorneys do not work on a contingency basis, so the insurance company must pay money to hire one.
Most bicycle accident cases end in a settlement agreement. The only question is how long it will take and how much of the legal process you must go through before you reach a deal with the insurance company. The insurance company will eventually fall into line in many cases, but it may take considerable time. Insurance companies may only become more reasonable and begin to move towards a compromise when they are under pressure from your bicycle accident attorney. You need to prepare for the fact that nothing happens quickly in a bicycle accident case.
You Often Lack Control Over the Timing of Your Bicycle Accident Case
Unfortunately, there is little that you can do to exert any control over the timing of a bicycle accident case. Your bicycle accident claim often seems like a case of “hurry up and wait.” The insurance company is certainly not in any rush to settle or resolve your claim, which can add considerable time to your claim.
You understandably feel frustrated and stressed by the sometimes slow-moving bicycle accident claim legal process. You know the other party was at fault for your injuries and want to resolve your case and get your money. However, you cannot rush the legal process. Haste can cost you money, both in terms of making mistakes in the claims process and potentially accepting a settlement offer that does not fully pay you.
You Need to Stay Patient to Get Full Compensation for Your Injuries
Although you are ready for the legal process to end, you must still exert maximum patience; impatience will cost you money. Insurance companies are counting on you to jump and accept an offer. When they see that you are willing to hold out for everything you deserve, they will begin to understand that they may not be in a position to dictate anything to you. It is not easy, but patience can lead to additional money during the claims negotiation process. Conversely, showing impatience by rushing to accept a poor settlement offer can cost you a lot of money that you will need in the future.
You Have Control Over When You Hire a Bicycle Accident Lawyer
You can control several things during the legal process of a bicycle accident, and the first is when you contact a bicycle accident attorney to represent you. Although you are dealing with physical injuries, you should not let that delay you from getting the legal help that you need.
Hiring a bicycle accident lawyer is easier than you think. All it takes is a phone call and a free initial consultation. Then, you will sign a representation agreement that formalizes your relationship with your bicycle accident lawyer. If you cannot call a lawyer, have someone close to you make contact to set up the consultation. A bicycle accident lawyer will make it as easy as possible for you to talk to them, even coming to you wherever you are.
Then, how you work with your bicycle accident attorney can also dictate the timing of your claim. Even though you are likely dealing with physical injuries, you must prepare to work with your bicycle accident lawyer when they need your help. Your lawyer will handle all the details in your case, but they may need your assistance at various points, such as providing key information about the accident.
It Costs You Nothing Upfront to Hire a Bicycle Accident Attorney
When facing the aftermath of a bike accident, the last thing you want to worry about is the financial burden of hiring an attorney. The good news is that many attorneys work on a contingency fee basis, meaning you do not have to pay anything upfront to hire a bike accident attorney.
Contingency fees make legal representation accessible and affordable for everyone. Instead of paying an hourly rate or a retainer fee, your attorney will only get paid if they successfully recover compensation for you. You will not owe them anything if you do not win your case.
This arrangement removes the financial barrier that may prevent you from seeking legal help and allows you to focus on your recovery and getting your life back on track. Your attorney will handle all the legal aspects of your case, including gathering evidence, negotiating with insurance companies, and, if necessary, taking your case to court.
A Bicycle Accident Lawyer is Standing By
If you have suffered an injury in a bike accident, retaining an attorney will let you focus on your recovery while they handle the legal case on your behalf. With their knowledge, experience, and dedication to your best interests, a personal injury attorney can ensure you receive the maximum compensation for your bike accident claim. While it can be frustrating to wait for a resolution, it is essential to remember that building a strong case can ultimately lead to a more favorable outcome.