In the state of California, it can take between 3 months to over 2 years for a truck accident claim to settle with Berkshire Hathaway. Cases with relatively minor injuries and straightforward liability may be settled within the first 6 months, while insurance claims for severe injuries, disability, and death can take over 1 year, and over 3 years if the case proceeds to a trial.
Please note that case timelines are unpredictable, and the timeframes we stated are to be used for general purposes only. We can say with certainty that accident claims involving commercial trucks take longer to resolve than most other car accidents. That means if you were injured in an accident involving an 18-wheeler, dump truck, or some other commercial vehicle, it can be quite a long and arduous road to the finish line.
In some cases, Berkshire Hathaway may reach out with a settlement offer within weeks of the accident. Though you may be tempted to jump on this offer, we urge you to have patience and consider the fact that the insurance company is not looking out for your interests. Chances are, you deserve much more in damages than the initial offer, and that’s why it’s important to wait for a full investigation and seek guidance from an attorney before you agree to a settlement.
Issues that Prolong the Truck Accident Settlement Process
Why do truck accident insurance claims take so long to settle?
The answer is based on multiple reasons, including the fact that commercial truck accidents must be thoroughly investigated according to the procedures established by the Federal Motor Carrier Safety Administration (FMCSA). This in itself can take several months, but there are other reasons as well that can add to the settlement timeline.
Our Recent Verdicts and Settlements
$1.5 Million
$1.5 Million
$2 Million
$1.5 Million
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$600,000
Assigning Liability
The investigation into a truck accident involves finding out who is at fault for the incident, i.e., who is liable for the victim’s harm and suffering? The nature of a commercial truck accident requires a more thorough investigation in order to determine:
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Were all rules and regulations followed by the truck driver?
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Were any of the other drivers involved in the accident at fault for what happened?
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Was the vehicle properly maintained by the trucking company?
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Were all FMCSA regulations followed by the trucking company?
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Are there outside parties that are liable, such as a product manufacturer or negligent mechanic?
Truck operators and owners must adhere to federal regulations that are specific to commercial trucks, and this complicates the process of determining liability when there is an accident. Drivers, for example, can only be on the road for a set number of hours before they are required to rest for a minimum of 10 hours in between shifts.
The federal agency also has weight and size standards for trucks, and figuring out if the driver and their employer met all these regulations can take a considerable amount of time.
The Catastrophic Nature of the Accident
One only has to look at a semi or tractor trailer to get a sense of how bad these accidents can be. Thus, you are looking at physical, emotional, and financial consequences that are more severe than what would be expected in the average car accident.
As a general rule, commercial truck accidents are extremely destructive, and it’s likely that victims will end up with severe injuries and totaled vehicles. If there is a death due to the severity of injuries, this is another factor that must be investigated, thereby increasing how long it takes to settle a truck accident claim with Berkshire Hathaway Insurance.
Insurance Coverage Limits
The amount of insurance coverage that is available will have a direct impact on what you can receive from an accident claim, and whether you need to take further action to recover additional compensation. Per FMCSA regulations, coverage limits are based on factors like the type of truck, its weight and size, and the cargo being transported.
Your Medical Needs
The medical treatments you need after a truck accident will have a direct impact on how long it takes to reach a settlement. Though it will be difficult, please put off any and all settlement offers from the insurance company until you have been fully treated, and no further progress can be expected. At this point, you and your attorney can accurately determine the full extent of your medical needs and expenses.
Negotiating a Settlement
How long it takes to negotiate for a fair amount of compensation with Berkshire Hathaway Insurance has a significant impact on the case resolution timeline. All the factors we already discussed – liability, legal violations, long-term medical care, etc., can play a role in settlement negotiations and the offers that are exchanged between all the involved parties.
Negotiating a truck accident settlement can take several months on average, though more complex accidents resulting in catastrophic injuries may take 1 or more years.
We are Here to Help
As an accident victim, legal representation is the key to understanding your rights and finding a way to move forward from this painful chapter in your life. Let the attorneys of Normandie Law Firm help you by offering advice on your rights and legal options, like filing an accident injury claim with Berkshire Hathaway Insurance.
As one of our clients, you are protected by the Zero Fee Guarantee, so there is no risk to your finances at any point. We accept your case on contingency and ask the insurance company to cover all legal fees as a part of your settlement check. So, there is no payment to us whatsoever unless you are compensated for your medical expenses, pain and suffering, lost wages, and other applicable damages.
Please take a moment to contact us and schedule a free case review if you were injured from a commercial truck accident in California.
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