How Long Does It Take for an Insurance Company to Determine Fault After a Car Accident?

July 22, 2024

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Posted in: Auto Accidents

It can be difficult to know what to expect following a car accident in Florida, let alone how long it will take for insurance to determine fault. And yet, the determination of fault can greatly impact any claim for compensation outside of your personal injury protection (PIP) coverage.

Additionally, it can be confusing who to trust after your accident. It’s important to understand that insurance companies do not have your best interests in mind. They’re very good at sounding friendly and coming across as genuine and helpful—but they are for-profit businesses that will do whatever they can to avoid paying compensation to accident victims, especially when the damages are severe.

If you are communicating with an insurance company about a claim, we encourage you to get in touch with a car accident lawyer as soon as possible. The last thing you need after being injured in a car accident is to have an insurance adjuster twist your words and prevent you from getting just compensation.

Our best advice is to find an experienced Orlando car accident attorney who can help you navigate the process to ensure your rights are protected. The smallest mistakes during the claims process can make it much more difficult to recover the compensation you need and deserve for your damages.

At Colling Gilbert Wright, we’re here to help. We have vast experience standing up to insurance companies and defending the rights of our clients. We have a good idea of how long it will take for insurance to determine fault and what it will take to win. Call us today at (407) 712-7300 to schedule your FREE consultation. Our attorneys proudly serve our neighbors in Orlando and throughout Florida.

How Is Fault Determined in a Car Accident In Florida?

Determining fault in a car accident is a critical step in the claims process. However, it’s not always a simple or quick process. There may be conflicting statements or a lack of clarity around who was responsible. It will ultimately come down to a few key factors:

Evidence

Clear physical evidence is often the best way to prove fault, whether in the form of dashcam footage, vehicle damage, skid marks, or some other piece of evidence that can help prove how the accident occurred.

Police Report

The police report is meant to provide an unbiased, objective summary of the accident, including where it happened, the damage done, the statements provided by the drivers and/or witnesses, and observations made by the police officer. While reports are not often admissible as evidence in Florida courts, they will still play a key part in determining fault with the insurance company.

Witness & Driver Statements

The statements given to the police are more often admissible in court and can play a pivotal role in determining liability, especially when they are consistent with the physical evidence available.

All of this information will be used to reconstruct how the accident took place, which will help determine whose actions caused the accident.

How Long Does It Take Insurance To Determine Who Is At Fault?

It generally takes a few weeks to several months for insurance to determine fault in a car accident. How long it will take in a specific case, however, is hard to know. There are a few indicators that can help us better predict the timeframe, including:

The seriousness and complexity of the accident
Whether or not liability is disputed
The severity of injuries and costs associated with treatment

A good rule of thumb is that the more serious an accident, the longer it will take insurance to determine fault. If the insurance company recognizes that an accident will be costly to cover, it will be more rigorous in its investigation and evaluation process and less willing to offer a fair settlement. This can lead to a lengthy negotiation process.

Why Is It Necessary for the Insurance Company to Determine Fault?

Florida is a no-fault state, so many car accident victims may wonder why insurance must determine fault when their PIP will pay for their medical bills. Well, PIP only pays for damages within its limits. What if your bills exceed those?

In this case, you may have recourse to other types of compensation. Insurance companies will need to determine fault to calculate how much they might have to pay. They will formulate a point of view on who was responsible for the accident in order to assess what that amount could be.

The problem, of course, is that they are biased. If their customer is not responsible for the accident, they will not have to pay any compensation. If their customer is responsible, on the other hand, they may have to pay significant compensation to the injured victims.

This is why having a car accident attorney on your side can be so valuable. We even the playing field by providing you with representation and guidance that is focused on your best interests—not those of the insurance company.

How Long Does An Insurance Company Have To Investigate A Claim In Florida?

According to Florida Law, insurers have 30 days to investigate after a claim submission. That said, they may be able to extend this time limit for “factors beyond the control of the insurer,” such as lack of cooperation on the part of the policyholder or intentional misrepresentation of the facts of the claim.

What Happens During Their Investigation?

When investigating an accident, insurance companies will closely review the key facts of the case, including the evidence, police report, and witness and driver statements.

There is also a good chance that the adjuster will ask you to give a recorded statement as they perform the investigation. It may seem like an innocent request—they will most likely say they are just trying to understand what happened and get to the facts—but they will try to get you to misspeak or contradict yourself. Then, they will use your own words against you. If you say anything that could indicate you made a mistake, even out of context, they could try to use it to dispute fault and lay the blame on you.

Know that you are not required to give a statement and that you are within your rights to decline their request. We recommend speaking with an experienced Orlando car accident lawyer before giving any official statement to the insurance company, at which point it should be written carefully.

What Can a Florida Car Accident Attorney Do For You?

One of the greatest things an attorney can do for you is protect you from the manipulative tactics of insurance companies. However, what we do for our clients goes much deeper. Our goal is to handle the entirety of the process for you from start to finish, including:

Investigating the accident
Gathering evidence
Reviewing damages
Calculating compensation
Interviewing witnesses
Consulting experts to support your claim

And if the insurance company refuses to offer a fair settlement, we will be ready to take your claim to court. One of the most significant missteps those who represent themselves make is not realizing that they always have the option to take their case to trial. Instead, they too often accept lowball settlement offers from insurance companies, which can cost dearly in the long run.

With our experienced trial lawyers on your side, you can rest assured that we have the capabilities to explore every possible option.

Colling Gilbert Wright Is Ready To Help

We’re here to guide you if you have suffered damages in a car accident. Our Orlando car accident lawyers will stand by your side throughout the process to provide the confidence and peace of mind you need knowing that your rights are protected. Our goal is to make it easier for you to focus on what matters most, which is getting better.

When you hire a dedicated attorney, you don’t have to worry about how long it will take for insurance to determine fault because we will take care of the details for you. To get started with a FREE consultation, contact Colling Gilbert Wright today so we can help you find the compensation you deserve for your damages.