How Long Does It Take to Get a Settlement After a Wyoming Car Accident?

In 2005, only 4% of injury cases went to trial. Instead, the vast majority were either dismissed or resolved by settlement. Thus, the odds are good that your Wyoming car accident case will end when your car accident lawyer negotiates a settlement with the at-fault driver and their insurer.

Many vehicle accident victims need their settlements to pay medical bills and living expenses while they try to recover from their injuries. As a result, their timelines for settling become critical, and many wonder how long their car accident settlements will take.

Average Timeframes for Settlements in Wyoming Car Accident Cases

Wyoming law gives an insurance company 45 days to accept or reject claims after receiving proof of the claimant’s losses. In theory, an insurer could settle a claim in a matter of weeks rather than months. However, this rarely occurs.

Insurers have a profit motive to drag out insurance claims by frustrating victims into giving up or taking small settlements. Due to the state’s fault-based system, the insurer must also analyze the accident to determine whether the insured driver caused it. If there are any questions about fault, the insurer will often deny the claim.

The claimant’s car accident attorney can respond to that denial with additional evidence or legal arguments to prove the other driver’s fault. However, this process will delay any settlement. If the insurer stands on the denial, the claimant may need to file a lawsuit to push them into settling the case.

The Importance of Medical Treatment and Documentation

Wyoming has a fault-based car insurance system. After an accident, anyone who suffers property losses or bodily injuries can file a claim using the at-fault driver’s insurance.

You can recover compensation for your medical bills through this process — but only when your losses are fully documented. You must first seek treatment so your medical records reflect the extent of your injuries, the amounts you paid, and any future care you may require.

When you file your claim, you will include this documentation to prove your injury-related costs. Having complete medical records will help speed up your claim.

The Role of Liability in Determining the Settlement Timeline

Liability insurers assign claims to a claims adjuster. This professional’s role is to protect the insurer by analyzing the claim and verifying that the at-fault driver is liable for the crash.

When the proof of fault is clear, the adjuster is more likely to accept liability and offer a settlement. When the evidence is unclear, the adjuster may either deny liability or offer a much smaller settlement under a legal principle called “comparative fault.”

Under Wyoming law, each person who contributed to the cause of an accident is assigned a percentage of the fault. If you played a role in causing the accident, your compensation is reduced by your share of the blame.

When this happens, you and your lawyer must fight for as much compensation as possible. These negotiations may slow the settlement process. If you and the insurer cannot agree on the percentages of fault, you may need to litigate, further delaying a settlement.

Negotiating With Insurance Companies and Adjusters

When adjusters accept liability for a claim, they offer a settlement based on your proven losses. You demonstrate your losses by presenting documents like medical bills, pay records, and receipts that show the financial impact of your injuries. Your medical records will help the adjuster determine the pain and suffering you experienced.

The initial offer will likely be lower than you deserve. Your lawyer will negotiate with the insurer to try to get a better offer. Each side will take time to review and analyze every offer and counteroffer. This back-and-forth will make the settlement process move more slowly.

When a Lawsuit Might Be Necessary and Its Impact on Timing

Settlements are much more likely when the at-fault driver is insured. An insurance policy provides readily available funds to pay for a car accident settlement. Once liability is clear, Wyoming law requires insurers to work in good faith to promptly, fairly, and equitably settle the claim.

However, if the at-fault driver’s insurer refuses to withdraw a claim denial, you may have no choice other than to proceed with a lawsuit. Similarly, suing becomes your only option when the other driver is uninsured.

A lawsuit allows you to resolve your legal or factual dispute with the at-fault party by submitting it to a neutral judge or jury. Your attorney can still settle your claim by negotiating with the other driver’s attorney. However, lawsuits and settlement negotiations take time, which will delay your settlement.

How an Experienced Lawyer Can Help Speed Up the Process

Experienced attorneys have dealt with more than their fair share of insurers and are trained in negotiation. They know the tactics insurers use to delay claims and how to overcome them. If the insurer has a legitimate factual or legal concern about your claim, your lawyer can present evidence or legal arguments to overcome it.

FAQ

Does the Insurer Have a Deadline to Settle Car Accident Claims?

Insurers do not have a deadline to settle claims. The 45-day deadline only applies to the initial acceptance or denial. Once the insurer accepts a claim, their only obligation is to work in good faith to settle it.

When Should I Hire a Lawyer For a Car Accident Case?

Consider hiring a lawyer if your claim has stalled. A lawyer can review the communications between you and the insurer to determine the next steps.

What Can I Do to Speed Up My Settlement?

Settlements are usually quicker if you fully document the accident with photos and the accident report. Submit all the records you have showing your losses. If you run into difficulties settling your claim despite fully documenting it, consider contacting a lawyer.

Contact The Spence Law Firm to Discuss Your Wyoming Car Accident

A settlement can help you get medical care and pay living expenses after your injury. Contact The Spence Law Firm for a free initial consultation with an experienced Wyoming personal injury attorney.