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Waiting To Settle a State Farm Accident Claim: How Long Will It Take

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Posted: 23rd September 2024 by
Lawyer Monthly
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Your accident happened in a matter of seconds. Chances are, it only took a few days for your bills to start pouring in. You may still be receiving treatment for your injuries and are already dealing with hefty bills. 

Everything seems to be happening at a dizzying rate, that is until it’s time to settle your State Farm accident claim. Now, it seems like the process is moving slower than a sleepy sloth. So, what is the timeline to settle a State Farm accident claim? Unfortunately, there isn’t a concise answer; several factors can affect the timeline.

Factors That Can Affect Settlement Timelines

Some accident claims are settled in a couple of weeks. These are usually claims without injuries and only minimal property damage. An example is filing a claim for minor vehicle damage after a fender bender in a parking lot. Your claim only includes alignment and a bumper replacement. The insurance company cuts your check and you’re off to the auto body shop.

When injuries are present and vehicle damage is extensive, you should expect the claim process to take more than a couple of weeks. You may be looking at months before State Farm settles your accident claim. If your claim goes to civil court as a lawsuit, it can take years before you receive a settlement check. Here’s a look at some additional factors that can affect the settlement timeline.

Injury severity. More severe injuries take longer to heal and typically require extensive treatment. You can’t file an accident claim until your injuries have improved, so this way, your physician has a better idea of whether you’re going to need long-term care like rehabilitation therapy or a lifetime of medical assistance. Your injuries may also require some lifestyle adjustments like modifications to your home and vehicle. These are claimable damages but take a while to accurately calculate.

Some accidents are traumatic events that require mental health counselling. If you feel your mental health has taken a beating, don’t ignore any signs or symptoms. Post-traumatic stress disorder (PTSD) is relatively common after being involved in an accident. Your claim may be temporarily put on hold while you’re taking care of your mental health. Yes, your therapy should be considered a damage you can claim.

Other factors that can impact your accident claim’s timeline include the strength of your evidence. Insurance adjusters, even ones from State Farm, want to see strong evidence supporting every aspect of your claim. If the evidence is weak or non-existent, it can delay the claim’s timeline. You either need to submit additional evidence or refile a claim after omitting the questionable damage.

The type of insurance the at-fault driver is carrying from State Farm is another factor. If the defendant only has the state’s minimum liability insurance coverage, you’re going to run into issues with policy caps. Your claim’s value can’t exceed the cap on the insurance policy, and this can drag the settlement process out. The insurance company still isn’t going to want to pay up to the policy’s limits so expect a lot of time at the negotiating table.

Liability

A common factor delaying accident claim settlement timelines is questions about liability. Illinois is an at-fault state, so you file an accident claim with the driver responsible for the collision insurance provider. Illinois also follows comparative negligence rules, and this is when liability can become an issue.

Comparative negligence allows for more than one driver to be responsible for the same accident. An example is if one driver is speeding and you made an improper lane change. 

The driver speeding should receive a higher percentage of the blame, but your improper lane change will probably also result in some fault. You can file an accident claim as long as your percentage of fault isn’t higher than 50%. However, your settlement is reduced by your percentage of blame.

What can slow down the time it takes to receive your settlement is contesting your share of the blame, which means filing an appeal in civil court and this can delay the process by a few months.

Tips On Speeding Up State Farm’s Accident Claim Process

Illinois law gives insurance companies like State Farm 15 business days to send the forms necessary for starting the accident claim process. The same law also gives insurance providers 60 days to resolve an accident claim. 

If the process is taking longer than 60 days, the insurance company must send a written letter detailing the reason for the delay. This letter must be sent within 60 days of the insurance company receiving notice of your accident claim.

If the insurance company is dragging its feet past the 60-day time limit, you may be able to file a bad faith claim. Your attorney can explain your legal options if this applies to your accident claim.

Communicate with State Farm

As soon as you’re able after the accident, contact State Farm and let them know you’re planning on filing an insurance claim. 

Don’t go into accident details, you’re not at this stage of the claim process. The insurance adjuster can use your statements to try and devalue your claim. All you’re doing is giving State Farm a heads-up so they can get started on their end.

Simply communicating with the insurance company can shave a few days or even weeks off of the settlement timeline.

Don’t Pad Your Claim

As tempting as it can be, don’t try to pad your claim with frivolous damages. Yes, a new infotainment system in your car would be great but don’t list it if your existing one isn’t damaged. The insurance adjuster is going to want to see evidence of every listed damage. 

Padding your claim only delays the process and may even result in an automatic denial. Now, you’re starting the claim process all over again.

You Can Speed Up the Settlement Timeline

Speeding up the settlement timeline is possible with the right approach. Start by maintaining clear communication with State Farm, avoid padding your claim, and have all supporting evidence readily available. 

Another highly effective way to keep the process moving is to partner with an experienced accident attorney. They can help streamline negotiations and ensure everything is handled efficiently, allowing you to reach a fair settlement as quickly as possible.

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