Settling Against An Insurance Company
Find out how long it takes to settle a claim against an insurance company. If you are thinking of making a compensation claim, you may be wondering how long it could take for an insurer to settle. While the efficiency and effectiveness of your personal injury solicitor can impact the speed of your case, there are lots of other factors to take into consideration.
Settling a compensation claim involves lots of different parties. There are the solicitors for both the claimant and the defendant, the courts and the insurance companies involved. The duration of Court proceedings can vary greatly and can really only be estimated. However, there are legal protocols that are put in place to help speed up the timeframe.
Pre-Action Protocols Against Insurance Companies
Pre-action protocols explain the conduct and expectations that the courts want both parties to have taken prior to the commencement of the legal proceedings at court level.
The maximum amount of time that is allowed for insurance companies to do a requested action is 3 months and 21 days. This amount of time is broken down through:
- The claimant’s solicitor submits a letter to the defendant that discusses the details of the claim. An initial response from the defendant to this letter must be submitted within 21 days.
- The defendant then has 3 months to investigate the nature of the claim and respond. The response to this claim must include a decision on whether they admit liability. If they do not admit liability, their response mut include a disclosure document which details their defence against the claim being made.
If the insurance company fails to provide a response by the time limit, an application to the court for a pre-action disclosure can be made.
Furthermore, there are other factors to take into account which can influence how quickly something is being settled. For example:
- If the liability for the accident is clear and unequivocal.
- The injuries related to the accident are minor and there will be no permanent impairment, such as a disability or brain damage.
More complex cases which involve arguing over liability or disputing the compensation amounts will take longer to solve. The defendant could also request further medical evidence.
Medical reports which help to determine the type and severity of the injuries that are being discussed in a specific case are an incredibly important part of any case. Medical reports are essential in determining the specific amount of compensation that a client will be given in their case. Medical reports are important for determining the severity of the injuries that are being discussed in a specific case. These reports are used to help determine how much compensation should be issued in a case and therefore they are an essential piece of information.
A solicitor will have to convene with the insurance company to insure that they are happy with the medical professional who is being used in the case. Normally there is not an issue when it comes to which medical professional to use.
Medical reports usually also take a specific amount of time to be delivered, from the time that a medical examination is initially performed to when the report is issued to the relevant parties. There can be delays that are outside of the client’s control, such as a delay to a medical report copy reaching them or the need for more information. Generally, medical reports take six to ten weeks from the initial examination to reach your solicitor.
Insurance Claim Types
The specific type of claim that you are making is one of the most important factors in determining how long your case will take to settle. For example, road traffic accident cases, work accident cases or accident in a public place cases that are worth less than £25,000 are often just settled through pre-action protocols. If your case is settled this way, it will likely be done quite quickly. However, while this is often the case, it is important to note that not all cases of this nature are settled quickly and through pre-action protocols.
As stated above, the defendant’s insurance company will have a very specific amount of days to respond to the claimant and if they wish so, to make them an offer of compensation that they feel reflects the situation at hand.
For more expensive and complex cases, your case will likely last longer until it is settled. Some of these more complex case types include medical negligence cases and industrial disease cases which usually take longer to settle. Industrial disease cases in particular can be very complex because the nature of the illness and the longevity of the impact of the illness is often unknown or can be disputed by different medical experts. Therefore, there may be some contention surrounding how much compensation should be granted in cases like this. However, rest assured that our team will work hard to ensure that your case is settled and that you get the compensation you deserve.
Insurance Company And Liability
If the defendant in your case denies liability, it will likely mean that the case goes on for longer and that it goes to litigation (see below). A defendant will usually not accept liability in cases where they believe that you are partly to blame for the accident occurring. This can often be seen in road traffic accidents or cycling accidents.
It is more difficult to put an estimate on the amount of time that disagreement about liability could take. However, the initial disagreement before a case goes into litigation could range from weeks to months. This is because both sides could argue for a while about the case, believing that they might be able to convince the other side through evidence, before they reach an impasse and decide to go to court.
You should not worry if there are disagreements about liability in your case, or about going to court in general. While it might add time onto your case, it can be the difference between winning some compensation or winning nothing at all. Therefore, it can still be extremely valuable to go to court in an insurance claim.
Litigation Against An Insurance Company
Litigation is the term that is used to describe a case going through the courts. Therefore, the verdict for a case will go to court rather than being resolved between the two involved parties without outside systems. If a case goes into litigation it will usually take a lot longer to resolved. Still, you shouldn’t worry about going to court as an agreement will eventually be made.
There are many reasons as to why a case might go into litigation but the most common reason is that liability cannot be agreed upon by both parties. It is not uncommon in an insurance case to go to court but many claims are settled out of court simply for the ease and speed that this provides to settle the case.
These factors are very important in influencing whether your case will go into litigation or not:
- How long it takes to gather medical evidence in your case.
- The type and the severity of your injuries or your illness.
- Whether the other side is willing to accept liability – is it clear that one side is to blame in this case or is it possible that it is a case of split liability.
- The circumstances that are specific to your case – are they complex or simple.
- Is the identity of the defendant known or not – your claim could be a hit and run case against someone who drove away.
Litigation will typically take at least a year to be settled. This is due to the often complex and contentious nature of the cases that are brought through the court system. Still, it is still worth going into litigation if you cannot reach an agreement with the insurance company as you could still be successful in your case
Litigation will last for at least a year but it can easily go on for numerous years, depending upon the complexity of the case and the ability of both sides to agree on a verdict.
However, this should not dishearten you from making a personal injury claim. If a case goes to court, your solicitor will still be working tirelessly to ensure that you get the best outcome possible. Furthermore, the longer timeframe allows your solicitor time to collect as much evidence as possible to support your case.TRY THE ONLINE ELIGIBILITY CHECKER
Contact Jefferies Solicitors
Our experts at Jefferies Solicitors are well experienced in dealing with a range of different case types. We understand how traumatic sustaining an injury or developing an illness can be and so we want to make the process of claiming compensation as stress-free as possible. No matter exactly where you are located throughout England and Wales, we can help you.
At first, we will need some initial details about the specifics of your injuries and how this has impacted your life. Contact us today on 0800 342 3206 or through our online form to get started. A member of our team will quickly be in touch to discuss your case, confidentiality is ensured with all our clients.