One of the most common questions we hear from clients after a car accident is, “Why is the insurance company taking so long to make me an offer?”
It’s a valid and frustrating question. You’ve been injured, you’re dealing with medical bills, and you need a resolution. The short answer is that the insurance company won’t make an offer until they are confident they have determined liability. The long answer involves a detailed investigation into negligence, a concept that is the very foundation of your personal injury claim.
Here is a guide to what goes on behind the scenes, from the initial investigation to how it affects the offer you may receive.
The First Hurdle: Proving Negligence
In every personal injury case, the burden is on the injured party (the plaintiff) to prove that the other driver (the defendant) was negligent. Negligence is a legal term that means the failure to exercise the level of care that a reasonable person would have exercised under the same circumstances.
To prove negligence, your case must establish four key elements:
- Duty of Care: The other driver owed you a legal duty to drive safely. In a car accident, this is straightforward—all drivers have a duty to follow traffic laws and operate their vehicles responsibly.
- Breach of Duty: The other driver failed to meet that duty. This could be anything from speeding or running a red light to texting while driving.
- Causation: The other driver’s breach of duty directly caused the accident and your injuries. Without this link, there is no claim.
- Damages: As a direct result of your injuries, you suffered financial or physical harm, such as medical bills, lost wages, and pain and suffering.
An insurance company’s liability decision is essentially their internal finding on whether they believe these four elements have been met.
The Insurance Company’s Timeline: The Investigation Process
Your frustration with the timeline is understandable, but it’s important to know that insurance companies have their own process that they must follow. After you file a claim, a claims adjuster will begin a thorough investigation to determine liability and the extent of the damages.
This process often involves:
- Reviewing the police report, accident photos, and any other evidence from the scene.
- Contacting the drivers and any witnesses for their statements.
- Gathering and reviewing all of your medical records and bills.
- In some complex cases, a professional may be hired to reconstruct the accident.
While Utah insurance regulations require a substantive response to a claim within 15 days, and a decision within 30 days, they can extend this timeline if the investigation is not complete. This can be particularly true if injuries are extensive, there are multiple parties involved, or if liability is in question. This is why it can take weeks or even months to get an initial offer. They will not make a firm offer until they have a full picture of your injuries and their financial impact.
The Role of Comparative Negligence: Utah vs. Nevada
This is a critical factor that directly affects the offer you may receive. Both Utah and Nevada are “modified comparative negligence” states, but they have slightly different rules.
- Utah’s 50% Rule: In Utah, if you are found to be 50% or more at fault for the accident, you cannot recover any damages. If your fault is 49% or less, your settlement will be reduced by your percentage of fault. For example, if you have $10,000 in damages but are found 20% at fault, the most you can recover is $8,000.
- Nevada’s 51% Rule: Nevada’s rule is slightly different. You can still recover damages as long as you are not found to be more at fault than the defendant. So if you are 50% at fault, you can still recover 50% of your damages. If you are 51% or more at fault, you cannot recover anything.
Because of this, an insurance adjuster’s primary goal is often to assign a percentage of fault to you, even if it’s a small amount, to reduce their payout.
The Bottom Line: Don’t Go It Alone
If you’ve been injured in a car accident in St. George, Cedar City, or Mesquite, understanding this process is the first step. The insurance company’s first offer is rarely, if ever, their best. It is often a lowball offer designed to get you to settle quickly before you understand the full value of your claim.
A skilled personal injury attorney can not only help you prove the other party’s negligence but also defend you against allegations of partial fault. By handling all communication with the insurance company and negotiating for a fair settlement, they ensure your rights are protected.
We understand your frustration with the timeline, but taking the time to build a strong case and get a fair offer is crucial for your long-term recovery. If you have questions about a claim or a low settlement offer, contact Injury Smart Law today for a free consultation.