How long does an uninsured motorist claim take? An uninsured motorist claim can take several weeks to several months to process and complete, and in some cases, much longer. To seek a claim, a victim must submit evidence of fault and loss to the insurance company and then wait for a decision.
In complex cases, it can take months for each phase of this process to occur, so be sure to speak with a Lafayette car accident lawyer.
Complexity When Drivers Are Uninsured
Another factor that may contribute to delays in filing a claim is the complexity of the accident and the resulting case. The more factors that contribute to the accident, the longer the investigation and overall negotiation process can take. Consider some of the most common reasons for these accidents to be complex:
- More than one vehicle was involved in the accident. The more vehicles involved, the more insurance companies and steps to take. This extends the claims process, especially when there are disputes involved.
- Criminal activity involved in the accident. If a driver was under the influence of alcohol or drugs, or there are denials of the driver’s fault in such cases, that can cause the case to drag on as well.
- Commercial vehicle involvement. If the other driver was using a commercial vehicle illegally or without the right to do so, that can also complicate the case and delay results.
In every situation, the smoother the case goes, the less time it can take. Typically, investigations should only take a few weeks to a month. Complications like these can extend that for several months or longer. Throughout this process, it is critical to seek legal guidance and action from an attorney.
"I have used Galloway Jefcoat a few times and have always been very satisfied. Furthermore, all of the people who work there are very professional, nice, and courteous."
The Dangers of Uninsured Drivers
Unfortunately, there are thousands of uninsured drivers operating in and around Lafayette. There is no way to discern who has insurance and who doesn’t until it’s too late and you wind up in an accident with an uninsured driver, which may leave you responsible for high out-of-pocket costs.
According to data from the Insurance Research Council (Uninsured and Underinsured Motorists: 2017-2023), an estimated 15.4% of motorists in the United States are uninsured. This equates to roughly 35-39 million uninsured drivers nationwide as of 2023.
An accident involving an uninsured driver can lead to extensive medical bills, costly vehicle repairs, and increased insurance premiums. All of these expenses could fall squarely on the victim’s shoulders if the uninsured driver is unable to pay for those losses.
Disputes Over Fault in Uninsured Motorist Accidents
Another critical factor in how long it takes to recover damages in an accident is disputes over who is at fault. Insurance companies are notorious for finding loopholes to avoid paying for victims’ losses. Even in situations where you are filing a claim against your own insurer, you can expect delays if there is any dispute over fault. Insurance companies may:
- Deny your claim, stating you are at fault for the accident, since uninsured motorist coverage only provides protection for the mistakes of others
- Deny your claim outright, stating you do not have coverage for the type of incident
- Require extensive medical documentation or request numerous details about the care you are receiving in an effort to delay or deny coverage
- Claim that there is another party that owes compensation first, and that you have not exhausted the efforts to seek compensation from that party
Your uninsured motorist claim may take longer if the insurance company does not treat your case fairly. With the help of your attorney, you will gain more insight into your rights and the legal options available to you in recovering those losses.
The key here is to reach out to an attorney right away so that your Lafayette personal injury lawyer can handle the disputes on your behalf.
"As a client of Galloway Jefcoat for over two years I want to take a minute to say how much I appreciate the team handling my case."
Injuries Can Add to the Complexity of Your Case
At the heart of the process is demonstrating the losses you have incurred to the insurance company and backing up any claims with evidence. You should not file a claim for compensation until you know how serious your injuries are and whether you will heal fully from them.
In some situations, you may be unable to seek a claim for weeks or longer. In cases of serious injuries like the following, your attorney will help you plan when to file a claim:
- Internal organ damage, including organ damage and bleeding
- Spinal cord injuries, including those related to paralysis, chronic pain development, or other damage
- Traumatic brain injuries with cognitive brain damage and serious concussion losses
- Complex fractures requiring surgery and rebuilding
- Burns and other injuries requiring reconstruction
If you have complex injuries that take time to heal from, you can expect the legal process to take even longer. Your attorney and medical providers will become your advocates in determining the best time to file a claim, based on your injury and recovery process. Once you are ready to file an uninsured motorist claim, you will then need to defend that claim against the insurance company.
Litigation May Be Necessary in Uninsured Motorist Cases
An uninsured motorist claim can go to court. Under Louisiana law, victims of accidents involving personal injuries typically have two years from the date of the injury (La. Civ. Code Art. CC 3493.1) to pursue a lawsuit against the at-fault party. If you file an insurance claim and the insurance company is unwilling to pay you fairly, you may have to file a lawsuit.
Lawsuits will take longer. The discovery process can take several months. There is still the opportunity to settle before going to trial.
If the case goes to trial, the process can take several months to several years to complete. Most cases do not have to go to trial, and that means that you should not have to wait that long to get a resolution.
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Seek the Help of an Attorney for an Uninsured Motorist Claim
By working with a Lafayette car accident lawyer, you gain more confidence in moving your case forward without delay. They can help you avoid the most common causes of delays. Speak to a member of the Galloway Jefcoat Injury Attorneys team before you file a claim.
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