Commercial truck accident claims with Amerisafe Insurance can take anywhere from a few months to several years to settle. If we had to narrow things down further, the average settlement timeline is between 6 and 18 months, though catastrophic injury claims will probably take 2 or more years.
At the end of the day, there’s no way to predict the exact number of months or years it will take to settle a personal injury claim. However, we know that truck accident cases can take longer to settle due to the level of injury and property damage commonly associated with these vehicles.
You may receive a settlement offer from
Amerisafe Insurance just days after the accident, but you should avoid accepting the initial offer until you have spoken to an attorney. More often than not, the first offer is much less than what you are entitled to, and it’s worth it to have your case fully investigated and reviewed by a truck accident lawsuit attorney.
Why Does a Truck Accident Claim Take So Long to Settle?
There are numerous answers to this question, and the factors that are involved may vary somewhat from one claimant to another. But there are common issues that affect truck accident cases in general, and it’s essential to understand these factors if you have a pending claim with Amerisafe Insurance.
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The Accident Investigation
A detailed investigation of the accident scene is crucial, as it will determine how and why the accident happened. This is the key to assigning liability, i.e., legal responsibility to one or more parties that are involved in the accident. Issues that must be examined during a commercial truck accident investigation include:
- Did the truck driver follow all FMCSA rules and regulations?
- Were there any other drivers who were at fault for the accident?
- Was the vehicle properly maintained by the trucking company or owner of the vehicle?
- Is there liability by third parties, like an auto mechanic, parts distributor, or auto manufacturer?
Please note that owners and operators of commercial trucks are required to follow regulations that are established by the Federal Motor Carrier Safety Administration (FMCSA). This agency has extensive requirements for drivers and trucking companies, like how many hours one can be on the road before they are required to take a break.
Different trucks also have specific size, weight, and load capacity standards, which are essential to making the vehicle safe and minimizing the possibility of catastrophic accidents.
The Severity of Damage Caused by the Accident
Just looking at a commercial truck like an 18-wheeler is enough to make you realize how bad these accidents can be. A trucking accident is likely to cause extensive bodily harm and property damage to one or more victims, which is why there are separate rules that apply specifically to these vehicles and the people who operate them.
At the end of the day, many truck accidents cause death or permanent disability, along with extensive vehicle damage, and these factors all have an impact on the investigation process.
Insurance Policy Limits
Semis and tractor trailers must have specialized insurance from companies like Amerisafe Insurance. The policy limits are based on factors like the truck’s load capacity and the size of the trailer. In some cases, the amount of coverage is not enough to provide adequate compensation to the claimant, and a lawsuit may need to be filed to obtain additional funds.
Required Medical Treatments
The need for medical treatments and how long it will take to recover from your injuries play a significant role in the amount of time it takes to reach a settlement. Depending on the severity of the injuries, you may never experience full recovery, meaning you are left with a disability that requires lifetime medical care. To determine just how much you will need in medical expenses, it’s essential to wait until you have reached maximum medical improvement (MMI).
How long it takes to achieve MMI is different for each person, but those with severe, permanent damage may need 1 or more years of treatment before they get to this point.
Negotiating a Settlement with the Insurance Company
Finally, the amount of time to negotiate a settlement is a determining factor in the case resolution process. The idea is for you and the insurance company to exchange settlement offers until both sides agree on the amount of compensation. Keep in mind that if multiple parties share liability for the accident, you will all need to agree on the proposed settlement.
Negotiating a settlement can take just a few weeks, though with truck accident claims, 6 to 12 months is a more realistic timeline. After reviewing the details of your case, a truck accident attorney can give you a better sense of how long it may take to negotiate a settlement.
Contact Normandie Law Firm
Legal representation may not be the first thing on your mind when you are involved in a truck accident. But legal advice is critical to protecting your interests and making sure that you have enough compensation to cover your monetary losses.
The truck accident injury lawyers at our office are ready to help, 24 hours a day, 7 days a week. If you are worried about legal fees, don’t be, as we have a Zero Fee Guarantee for all clients. You pay nothing out of pocket, and we agree to include the cost of legal services in your settlement demands to Amerisafe Insurance. If we succeed in recovering your payment, all our expenses are covered by the insurance company. Otherwise, you owe us $0, and the cost of representing you are on us.
For more information on filing a truck accident claim in California, contact us to schedule a free case review.
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