Dealing with a Delayed Car Accident Settlement


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A car accident settlement can take months to negotiate and just as long to actually receive. Because most insurance companies would like to avoid needing to compensate parties after an automobile accident, they are in no rush to settle or actually write a check. If you are facing a delayed car accident settlement, do not despair. There are several things you can do to push forward with your claim or receiving the payment you are due.

Settlement Reached, but No Money Received

If you have a signed settlement agreement but have not yet received payment, it is your job to remind the paying party that you are due your funds in a timely manner. Sixty days is considered a sufficient and appropriate amount of time for delivery of payment. If this amount of time has passed and you have not received payment, write a letter to the party obligated to pay and demand your funds. In this letter refer to the settlement amount, date and that it was signed by the party. State that sixty days is sufficient for payment and that you expect payment within fifteen days and will consider failing to pay within fifteen days a breach of the settlement contract. Inform the obligated party that if you do not receive payment you may take them to court on a breach of contract claim.

No Settlement Reached: Send a Demand Letter

If you have been involved in negotiations regarding the amount of compensation but have not yet reached an agreement and negotiations have stalled, it is essential that you restart negotiations. Do not let more than two weeks pass without negotiations or interactions. Send a letter to the party you allege to be responsible for your injuries referring to the last offer and your demands. You can lower your demand or stick to your previous demand, depending on what you feel the best decision for you. The purpose of this letter is to restart the engines of settlement negotiations which seem to have stalled.

No Settlement Negotiations Begun: Initiate Negotiations

If you have sent in a demand letter but have not received a response, send the party you are charging with responsibility a letter stating that since you have not received a response from your claim you consider your claim to be denied. Note that most claims can take up to 90 days to be reviewed. In this letter you should also state the amount you are requesting.

Getting Legal Help

Because settlement negotiations can be tricky and because of the tendency of an insurance company to stall negotiations in an attempt to not pay a claim, you must be particularly careful to not let your claim be ignored. If you have been injured in an automobile accident and have not yet received an offer for settlement, seek legal assistance with your claim.

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