How Long To Settle A San Francisco Truck Accident Case?

Average Timeline for Truck Accident Settlements in San Francisco

There is no standard answer to the question, “How long to settle a San Francisco truck accident case?” Cases could take a few months to several years, depending on the circumstances.

However, California’s insurance laws and regulations set the following claim handling deadlines:

• 15 days after receiving a claim notice to send claim forms and begin investigating
• 40 days to accept or deny the claim after receiving proof to support it
• 30 days to pay claims after reaching a settlement

If the insurer needs more than 40 days to investigate a claim, it can extend the deadline in 30-day increments.

Based on these deadlines, you should not expect to settle a truck accident claim in less than 85 days. Notably, these deadlines do not account for the time to negotiate a settlement or, if a lawsuit is necessary, litigate the case.

Key Factors That Affect Your Truck Accident Settlement Timeline

Truck accident settlements occur when the trucking company and its insurers and sureties decide that a settlement is better than risking a trial. This typically happens when they realize that the cost of fighting and the risk of losing are too great.

As a result, the following factors could play a role in the timing of your truck crash claim:

• Severity of your injuries
• Proof of your losses
• Evidence of the trucking company’s fault
• Evidence of your comparative negligence

These factors can affect your settlement timing as follows:

How Injury Severity and Medical Treatment Impact Settlement Time

More severe injuries with strong proof of liability and loss will often result in a quicker settlement. In these cases, the trucking company fears a huge damage award by a jury.

Additionally, settlements are more likely if you have solid documentation of your injuries. An adjuster can more accurately assess the value of your case if you submit complete medical records and bills with your claim.

The Investigation and Evidence Gathering Process

Complex cases will take longer to settle than simple cases. For example, your settlement may be delayed as you gather evidence of a complicated crash, including the expert witness’s accident reconstruction. Similarly, your case will take longer to resolve if the trucking company has evidence that you contributed to the cause of the crash.

Insurance Company Negotiations and Their Impact on Timelines

The time to negotiate a claim depends on disputes about the losses. If the parties agree on the injuries and costs associated with the crash, negotiations will proceed quickly. However, the parties may disagree about whether the injuries resulted from the crash and whether the treatment was reasonable and necessary. These disputes can slow down the negotiations.

Settlement vs. Lawsuit: Understanding Your Legal Options

Most truck accident cases settle. However, your attorney may file a lawsuit in the following situations:

• Negotiations bog down
• Your time under the statute of limitations is running out
• Your claim is denied, and the adjuster refuses to reconsider

A truck accident lawsuit does not preclude a settlement. The costs and risks of litigation can pressure trucking companies and their insurers and sureties to settle.

The Truck Accident Case Process From Start to Finish

Truck accident cases start with an insurance claim. The insurer or surety assigns an adjuster to investigate the claim to verify that the trucking company was liable. If the adjuster accepts liability, they will offer a settlement. This offer will often undervalue the case. Your lawyer will negotiate with the adjuster for a better payout.

If the adjuster denies liability, your attorney can respond to the denial. Your lawyer can file a lawsuit if the adjuster refuses to reconsider.

How Court Backlogs and Litigation Affect Case Duration

The effect of litigation on a settlement is difficult to predict. Discovery occurs early in a case, and the parties are often more inclined to settle once they start exchanging evidence.

Moreover, judges in the San Francisco Superior Court have some of the lightest caseloads in the state, averaging 1,272 cases per judge. This number is barely over half of the state’s average of 2,430 cases per judge. The court will likely set a brisk pace for discovery, pretrial motions and trial, thereby placing enormous time pressure on the parties to settle.

Get Matched With an Experienced Truck Accident Attorney Today

A lawyer who has previously handled truck accident cases will know accident claim procedures and court rules. As a result, an experienced lawyer can keep your case on track for a settlement.

ConsumerShield helps people understand their legal rights and find a lawyer to represent them. Contact us for a free case review and a referral to a vetted attorney for your case.