Filing an insurance claim is a crucial step toward getting your life back on track after suffering a personal injury. The money you may obtain can help you deal with the variety of losses caused by your injury. However, the path to compensation can be frustrating and tiresome.
An insurance company must acknowledge receipt of your injury claim and start an investigation within 15 business days of the date they received it. However, there is no specific deadline by which a settlement must be completed. The amount of time it takes to settle your case can vary based on several factors. Support from our legal professionals can be highly beneficial when seeking a settlement that reflects what you are truly owed.
Seek assistance from our New York personal injury attorneys at The Carrion Law Firm by dialing (718) 841-0083.
Insurance Deadlines for an Injury Claim in New York
While there is no set time limit for how long the insurance company may take to settle your injury claim in New York, there are other important regulations that must be adhered to. These regulations have been set forth to help combat unfair claims practices.
First, under 11 NY Comp Codes Rules and Regs § 216.4(a), the insurance company has to acknowledge receipt of your injury claim within 15 business days. This acknowledgment can be in writing. If done through another method, then the insurer must make a note of the acknowledgement in their claim file. If your claim is reported to an agent of the insurer, then the agent can also acknowledge it. However, informing an agent does not count as informing the insurer if the agent tells you that they are not authorized to handle claim notices.
Similarly, according to § 216.5(a)(1), the insurance company will have 15 business days after being notified of your claim to commence an investigation. Within the same 15-day period, the insurer must also inform you of any documents, statements, and forms you may need to provide.
Moreover, § 216.6(c)(2) establishes that if the insurance company needs more time to decide on your injury claim after receiving all required proof or requested information, then they must inform you within 15 business days. This notice must explain why they need more time for investigation. If the claim is still unresolved and not in litigation or arbitration, then the insurer must send a follow-up letter every 90 days explaining why more time is necessary. This process continues until the claim is resolved.
Finally, if the insurance company takes longer than 30 days to resolve your claim, then § 216.7(d) requires them to provide an explanation to you. This section also introduces fines and penalties that the insurance company may face for such delays.
If your insurance company continues to unreasonably delay your case, then support from our Long Island personal injury lawyers can be invaluable. We will help apply pressure on the insurer and fight to seek an efficient resolution to your claim.
Factors that May Influence the Timeline of Your Injury Claim in New York
As previously mentioned, the amount of time it takes to settle injury claims can vary wildly from case to case. While some cases may be resolved in a matter of weeks, others may be strung out over multiple years. The following is an overview of potential factors that may influence the timeline of your injury claim in New York:
Complexity of the Injury
The severity and complexity of your injury can significantly impact the time it takes to settle your claim. A thorough medical evaluation of the harm you incurred will be necessary to determine the long-term impact of your injuries and, in turn, the amount of compensation you deserve. More severe injuries typically require extensive medical treatment and evaluation, which prolongs the process of gathering necessary medical assessments.
Liability Disputes
Additionally, if there is uncertainty or disagreement over who is at fault for the accident that caused your injuries, then the settlement process may be delayed.
The investigation of fault can be time-consuming. Both parties to your case may need to conduct detailed investigations, gather evidence, and possibly involve experts to provide professional opinions. This process also often involves negotiations between insurers and your legal representatives.
Legal and Procedural Issues
Your claim’s progression can also be slowed by various legal and procedural hurdles. These hurdles may include delays in the legal process and scheduling conflicts among involved parties. Further, if your case involves complex legal issues or disputes over insurance policy interpretations, these matters may need to be resolved through lengthy court proceedings.
Insurance Company Practices
Lastly, the practices and internal processes of the insurance company handling your claim can lead to delays. For instance, you may experience delays stemming from slow communication, understaffing, or inefficient review processes within the insurance company at issue.
While our state’s regulations require insurers to promptly acknowledge claims and perform investigations, some companies may still take unreasonable amounts of times to process claims, particularly during periods of high demand.
If the insurance company in your case is putting you through unreasonable delays, then you should seek legal support as quickly as possible.
Importance of Hiring Our Attorneys When Dealing with an Insurance Company in a New York Injury Claim
Our attorneys have a wealth of experience in dealing with insurance companies in New York injury claims. We understand the tactics an insurer may use to minimize your settlement and will work diligently to counter these strategies and secure the payment you deserve.
Furthermore, we will ensure that your rights and interests are protected throughout the claims process. We will handle all of your necessary paperwork and represent you in all communications with the insurance company. That way, you may focus on your recovery while knowing that your claim is being handled properly.
Call Our Law Firm for Help with Your Injury Claim in New York
Seek guidance from our Queens personal injury lawyers at The Carrion Law Firm by calling (718) 841-0083 for a free case assessment.