The average accident settlement takes anywhere from a few months to a couple of years. Let that sink in. Two years of waiting for what might feel like the most important resolution of your life. But why does it drag on?
Every step along the way—whether it’s collecting evidence, negotiating with insurance adjusters, or waiting on medical reports—adds more time to the clock. And while it’s frustrating to sit on the sidelines, rushing the process could leave you with far less than you deserve.
If the wait for your settlement has you tossing and turning, contact our firm at (540) 535-2005. We’ll give you straight answers and fight to get you the compensation you deserve as fast as possible.
Why Settlements Aren’t Instant
Delays in accident settlements rarely boil down to a single factor. A case might seem straightforward at first, but complexities often lurk beneath the surface.
Complexity of the Case
Not every accident is a simple “fender bender” with clear liability and straightforward damages. Some cases involve multiple vehicles, unclear fault, or extensive damages. For example, Virginia follows a pure contributory negligence rule (Va. Code § 8.01-58), meaning if you’re even 1% at fault, you may lose the right to recover damages. This high-stakes standard forces both sides to dissect every detail, which naturally takes time.
- Was the driver texting?
- Did a poorly maintained road contribute to the crash?
- Are there multiple parties (other drivers, a trucking company, or even a vehicle manufacturer) involved?
Every layer of complexity slows the process, as attorneys, insurers, and sometimes experts meticulously review the evidence.
Disputed Liability
Insurance companies rarely accept fault without a fight. Even if police reports or witness testimony seem clear, insurers might argue that their policyholder wasn’t entirely responsible. Disputes like these invite time-consuming investigations:
- Accident reconstruction experts recreate the scene.
- Attorneys sift through surveillance footage and eyewitness accounts.
- Counterclaims and legal arguments bounce back and forth.
When all parties involved dig in their heels, progress slows to a crawl, leaving you caught in the middle of the back-and-forth. Unfortunately, these are just the start of it—in the following sections, we’ll break down more factors that could delay your settlements.
Insurance Companies: Not Always in a Hurry
Insurance companies love playing the long game. They’ll never admit it, but every delay works in their favor. While you’re juggling medical bills, lost wages, and frustration, they’re strategizing how to minimize their payout. Settlements might feel personal to you, but for insurers, they’re strictly business.
Investigation Procedures
Before cutting a check, insurers launch their own investigations. Even when liability seems clear, they dig deeper, searching for reasons to deny or reduce your claim. They’ll request police reports, interview witnesses, and analyze photos or videos from the accident. If your claim involves a serious injury or disputed fault, they may bring in accident reconstruction experts or engineers to further delay the process.
Virginia law, particularly under Va. Code § 8.01-417, grants both sides the right to inspect evidence, which adds another layer of back-and-forth. Every time an insurer disputes a fact or demands additional documentation, the clock resets on your settlement timeline.
Negotiation Tactics
Insurance adjusters are highly trained negotiators. One of their favorite tactics? Stalling. By dragging their feet, they hope to wear you down, especially if you’re desperate for funds. After all, a quick settlement benefits you, not them. They’ll lowball the first offer, confident that the longer you wait, the more likely you are to accept less than you deserve.
Adjusters may also claim they need more time to review your case or await additional medical records, even when they’ve had them for weeks. This tactic isn’t illegal, but it’s frustratingly effective.
Backlog of Claims
Not every delay involves scheming adjusters or contested facts. Sometimes, insurers simply have too much on their plate. After a major weather event or a busy holiday travel season, insurance companies might face a flood of claims, which pushes your case to the back of the line.
Larger insurance companies might process thousands of claims monthly. Although they have systems to manage these volumes, delays still occur—especially with complex cases or those involving higher settlements.
Ultimately, insurance companies know they hold the power in the early stages of a claim. Their tactics, whether intentional or systemic, force many accident victims into a frustrating limbo.
Legal Processes: A Slow March
If you think insurance companies move slowly, wait until you see how the legal system operates.
Court Schedules
When negotiations fail, cases head to court. But the courtroom isn’t like what you see on TV—there are no quick resolutions or last-minute breakthroughs. In Virginia, court schedules depend on the availability of judges, attorneys, and a packed docket of other cases. Personal injury claims compete for time alongside criminal trials, family law disputes, and countless other civil cases.
For example, the Circuit Court of Frederick County, where Winchester cases might be heard, serves multiple jurisdictions. If your case lands in court, it might sit idle for weeks or months waiting for its turn.
Document Gathering
Paperwork is the backbone of a legal claim, and the volume required in accident cases can border on absurd. Attorneys must compile police reports, medical records, bills, wage statements, and expert opinions. Virginia law, including Va. Code § 8.01-399, also requires strict handling of patient medical records, meaning even retrieving your own files might involve a bureaucratic maze.
Each document becomes another piece of the puzzle, but when key information is missing or delayed—like a medical provider dragging their feet—it halts progress. And don’t forget that the opposing side gets a chance to challenge or demand additional evidence, turning the process into a back-and-forth marathon.
Settlement Negotiations
Negotiating a settlement isn’t just a matter of throwing out numbers and shaking hands. Both sides jockey for position, using legal arguments, evidence, and prior case law as leverage.
Medical Factors: Healing Takes Time
No one can fully assess the financial impact of an accident until your medical journey unfolds. And like everything else in the settlement process, healing takes its own sweet time. As long as you’re still receiving treatment, your final medical costs remain a question mark.
Insurers won’t agree to settle until they see the full picture. How much have you spent so far? Will you require additional surgeries? What’s the cost of ongoing medications? These are the numbers that shape a settlement, and incomplete information leaves too much uncertainty for everyone involved.
Maximum Medical Improvement (MMI)
Doctors often use the term “Maximum Medical Improvement” to signal that you’ve reached the best recovery possible for your injuries. This doesn’t always mean you’re fully healed—it means your condition has stabilized, and your medical team can now predict future expenses. MMI is an important benchmark for personal injury cases.
In Virginia, the collateral source rule ensures that defendants can’t reduce your compensation based on payments from other sources, like your health insurance. This means your settlement must accurately reflect your actual and anticipated expenses without shortcuts. But reaching MMI takes time, especially for injuries like:
- Spinal damage requiring complex rehabilitation or surgeries.
- Traumatic brain injuries (TBIs) that need months of cognitive therapy.
- Soft tissue injuries prone to delayed symptoms and complications.
MMI provides a clearer roadmap for negotiations, but it also guarantees delays. Without it, any settlement risks shortchanging your future care.
Multiple Parties: More People, More Problems
It’s one thing to negotiate between you and one at-fault driver’s insurance company. The more people involved, the harder it becomes to get everyone on the same page. Attorneys need time to schedule depositions, gather statements, and coordinate expert analyses. If you’re dealing with a trucking accident, for instance, the trucking company, its insurance provider, and even the truck manufacturer might all need to respond to claims.
In Virginia, liability laws require precise coordination. Under Va. Code § 8.01-581.12, settlement negotiations or mediations involving multiple parties demand the attendance of all necessary representatives. If one party stalls or misses a meeting, it delays the entire process.
Diverse Interests
Each party in a multi-defendant case has its own agenda. A rideshare company involved in an accident might focus on proving its driver wasn’t on duty, while the driver’s personal insurance company might claim they weren’t responsible for transporting passengers. These conflicting narratives force delays as each side pushes to reduce its liability.
Consider accidents involving government entities—perhaps a poorly maintained road caused your crash. Under Va. Code § 8.01-195.6, filing claims against a municipality comes with strict deadlines and procedures, which further complicate timelines.
Who Pays What?
One of the biggest complications in multi-party cases is dividing financial responsibility. Let’s say you’re awarded $300,000 in damages. If three different insurers are involved, attorneys must negotiate how much each party contributes. These disputes over apportioning damages often lead to prolonged negotiations or litigation, especially if one insurer claims their policyholder bears less blame.
What You Can Do
The waiting is maddening, but you’re not completely powerless in this process. While you can’t speed up every delay, you can take steps to avoid unnecessary holdups and keep your case moving. Staying proactive makes a difference, even if the legal system and insurance companies operate at their own pace.
Stay Informed
Knowledge is your best defense against frustration. Regularly check in with your attorney to get updates on your case’s progress. Ask about any new developments, outstanding documents, or possible roadblocks. If you don’t understand a delay, request clarification. Attorneys juggle multiple cases, and while they prioritize yours, a quick check-in ensures nothing falls through the cracks.
In Virginia, personal injury attorneys typically work on a contingency fee basis, meaning we don’t get paid unless you do. This aligns our interests with yours—we want your case resolved successfully and quicker rather than later. But open communication helps ensure you stay on the same page about strategy and expectations.
Prompt Documentation
Gathering the necessary paperwork delays many cases. You can help by providing us with everything we need as quickly as possible. This includes:
- Accident reports: Ensure you’ve obtained a copy from the local police department.
- Medical records and bills: Follow up with your healthcare providers to ensure they send complete documentation.
- Proof of lost wages: Request written confirmation from your employer outlining time missed and wages lost due to the accident.
Manage Expectations
You won’t resolve a personal injury claim in a matter of weeks. Accepting this reality helps you stay grounded while waiting. Settlements take time because the process ensures fairness, protects your interests, and accurately values your damages. Rushing might mean leaving money on the table or missing out on compensation for long-term issues that haven’t yet surfaced.
Stop Waiting—Start Fighting for Your Settlement
Delays don’t have to leave you feeling powerless. While insurance companies and legal systems drag their feet, the right personal injury attorney puts your case on the fast track, demanding answers and fair compensation.
At Correll Law Firm, we don’t just wait for the process to unfold—we push it forward. Contact (540) 535-2005 today, and let’s work together to get the resolution you deserve.