Depending on how your car accident occurred, you may need to file a claim against an at-fault driver’s insurance policy or your own. In either case, you will need extensive documentation and evidence to prove the extent of your losses. An at-fault driver’s insurance policy may only cover up to a certain amount, so it’s crucial to have a firm understanding of your damages before accepting any insurance settlement offer. If there is no dispute over liability for the accident or the at-fault driver does not contest liability, then the settlement may happen sooner rather than later. However, an at-fault driver may contest liability or argue that the claimant shares fault for the incident.
State liability laws may come into play and delay a claim as well. For example, in a comparative negligence state, a plaintiff may still recover damages if he or she is partially at fault for the incident in question so long as the plaintiff’s fault does not exceed the defendant’s. In states with contributory negligence laws, the plaintiff would be ineligible for recovery if he or she was even slightly at fault for the incident.