One of the most common questions clients ask when contacting us after a motorcycle crash is how long it will take to settle their claims.
Unfortunately, the answer isn't clear cut. This is because a number of factors influence the resolution of accident cases in Kansas and Missouri.
What Impacts the Timeline for Claim Resolution
If you know all aspects of the claims process, you'll have a better understanding of just how long it should take to resolve your motorcycle wreck case. Here are some of the many circumstances impacting your claim.
Your Medical Treatment
You don't want to resolve your claim until you recover from the injuries, or reach a stage where you've recovered as much as possible and receive a final prognosis from your doctor. How long this takes depends on the seriousness of your injuries and whether they worsen or improve as you receive medical care.
It's important to wait to settle a claim to ensure all your future medical expenses, lost wages, and pain and suffering are included in the financial recovery.
When the insurance company challenges who was at fault in causing your motorcycle accident or the severity of your injuries, this adds to the timeline for case resolution. Your attorney may need to collect additional evidence or retain an expert witness to help resolve the dispute preventing your case from being settled.
Conversely, your claim may be resolved rather quickly when there are fewer issues in dispute.
Once your medical treatment is completed or you receive a final prognosis, your lawyer sends a demand letter to the negligent driver’s insurance company that outlines liability and the amount of compensation you should receive. The insurance company then conducts an investigation and most likely, makes a counteroffer.
Depending on the disputes in your case and how hard the insurance company fights to deny or reduce your claim, this negotiation process can be lengthy.
If the insurance company refuses to settle your claim for what you're entitled to or the statute of limitations expires soon, your attorney will need to sue the negligent driver and litigate your claim. While your case will most likely settle before your trial date, it could take months of litigation before this happens.
Were You Injured In a KS or MO Motorcycle Accident?