Delaware Car Accident Settlement Process and Timeline

Most of us will be involved in a car accident at some point. Most of these auto accidents are minor, but not all. Some car crashes leave their victims in terrible shape, with serious injuries and severe property damage.

In a perfect world, insurance companies would pay every legitimate claim that comes across their desks. However, insurance carriers are not in the business of rubber-stamping claims, as they’d go bankrupt if they did.

Having the insurance carrier deny your claim doesn’t have to be either the end of recovery or the end of the world. You can sue the other driver or file a bad faith claim against the insurance company.

This article examines and explains how Delaware’s car accident settlement process works. It also discusses the factors that may impact the size of your auto accident settlement.

If you were recently hurt in a motor vehicle accident, consulting a Delaware personal injury lawyer is a good move. We’ve also supplied other helpful FindLaw links at the bottom of this page.

What To Do if an Insurance Company Denies Your Insurance Claim

Regardless of whether the insurance adjuster approves your claim, you still have to go through the insurance claim process. If the insurance company denies your claim, you can appeal it.

If the insurance carrier still refuses to pay your claim, you can file a personal injury lawsuit. While most people don’t want to file a legal action, it may be the best way to recover fair compensation for your damages. There’s a good chance that your car accident lawyer will settle your car accident case long before trial.

How Car Accident Settlements Work in Delaware

If an insurance company denies your car accident claim, you may have to file an auto accident lawsuit. Whether you do it yourself or hire a personal injury attorney, once your lawsuit is filed, the other motorist’s insurance company will file a response.

The other auto insurance company will challenge your claim in its response, arguing why it shouldn’t have to pay your claim. They may imply that you caused the car crash or that you are exaggerating your car accident injuries.

Once you file your lawsuit, your attorney will contact the car insurance company to begin settlement negotiations. The attorneys for both sides will dicker back and forth until they agree on a settlement amount. The judge will schedule the car accident case for trial if they can’t agree on a fair settlement.

Even if the judge sets a trial date, that doesn’t mean you’ll have to go to court. Under Delaware law, the parties to any personal injury lawsuit must attend compulsory alternative dispute resolution (ADR), such as mediation, before they can proceed to trial.

The courts encourage parties to settle their case rather than going to trial. Given the costs involved with going to court, a settlement is usually in everyone’s best interests.

Advantages of Settling Your Personal Injury Case

Almost all personal injury cases involving car accident injuries settle long before trial. Even cases that make it to trial often settle on the courthouse steps. Attorneys who practice personal injury law understand that settling is usually the best option for everyone involved.

There are many advantages to settling your lawsuit, including:

• There’s no guarantee that you’ll win at trial
• You walk away from a settlement with a lump sum (in most cases)
• Trials can take years to resolve
• Trials are very time-consuming and expensive

While settling your car accident lawsuit may be beneficial, that doesn’t mean your attorney will push you to accept a lowball settlement. Your Delaware car accident attorney will ensure that any settlement offer covers your out-of-pocket losses and other damages.

Damages You Can Demand in Your Delaware Car Accident Claim

The reason you file an auto accident lawsuit is to recover compensation for your injuries. It doesn’t seem right that you should bear the burden of things like medical expenses and the costs of physical therapy stemming from an accident.

When your personal injury lawyer files your claim, they will demand some or all of the following types of damages:

• Medical bills
• Costs of future medical care/medical treatment
• Lost wages
• Lost future income
• Pain and suffering
• Property damage

You must prove your damages if you expect to recover compensation. Your attorney will use evidence such as the police report, medical records, and witness statements.

Average Car Accident Settlements in Delaware

Accident victims often ask their car accident attorney how much their case is worth. Whether they expect to settle their claim or go to trial, wanting to know how much money they can expect from their car accident case is perfectly natural.

The truth is that there’s no way your lawyer can tell you what your case is worth. They can give you a ballpark figure, but there is no way they can promise or guarantee you a certain amount.

Your settlement amount depends on several factors, such as:

• The nature and extent of your injuries
• Your medical bills and out-of-pocket expenses
• Your income and earning potential
• The extent of your pain and suffering
• The strength of your evidence
• Your age and how many working years you have left
• The insurance policy limits

Be aware that the insurance carrier will never settle for more than the insured’s policy limits. If your claim exceeds this amount and you aren’t willing to settle for a lesser amount, your case may have to go to trial. You may also need to pursue the at-fault driver personally for the excessive damages.

Settlement Timeline for a Delaware Car Accident

Every case is unique when it comes to a settlement timeline. While having all cases settle within a few weeks would be great, it’s likely going to take a while for your car or truck accident attorney to negotiate a settlement with the insurance company.

Car accident settlement timelines often look something like the following:

• You file your car insurance claim within days or weeks of your motor vehicle accident
• The insurance company acknowledges that it received your claim and responds within 15 business days, as required
• The insurance adjuster begins their investigation within ten days of receiving the claim
• The insurance carrier denies or approves your claim within 30 days of receiving proof of loss
• If the insurance adjuster denies your claim, your Delaware car accident lawyer can file an appeal
• If the appeal is successful, you’ll receive your insurance check in 10-14 days. If they deny your claim, your attorney can file a lawsuit against the at-fault driver
• The insurance company has days to file an answer to your complaint
• Your Delaware personal injury attorney will begin settlement negotiations after you receive a response
• After negotiation that can take months, your lawyer will draft a settlement agreement that is signed by both parties and forwarded to a judge
• Once the judge approves your settlement, you should receive your money in 30-45 days
• If the settlement calls for installment payments, you should receive your first installment in 30-45 days

All cases are different, and your case may follow a slightly different settlement timeline. Smaller claims tend to settle faster than large ones, and cases where the evidence against the other driver is strong also provides for a quicker resolution.

Time Limits for Filing a Car Accident Lawsuit in Delaware

Every state has statutes of limitation that dictate filing deadlines for injured parties in a personal injury claim. Under Delaware law, plaintiffs have two years to file a car accident lawsuit. If you don’t file your claim before the statute of limitations period expires, you’ll lose your chance to pursue damages.

Disclaimer: State laws change frequently due to new legislation, higher court rulings, etc. While FindLaw strives to provide readers with the most current information, conduct further research or talk to a Delaware car accident attorney to confirm your state laws.

Seek Legal Advice for Your Delaware Car Accident Case

In the days and weeks following your car or truck accident, you should focus on recovering from your injuries. At the same time, you must file your insurance claim right away or risk non-payment. It can be hard to handle all of this on your own.

In cases where the other driver’s insurance company refuses to pay your claim, it’s best to retain a Delaware car accident lawyer. Whether you live in Wilmington or Newark, there are experienced personal injury lawyers available for legal representation. Many offer a free case evaluation.

Related FindLaw Resources

• How Does Personal Injury Protection (PIP) Work?
• Injury Damages
• Accidents and Injuries: Legal Guide