Filing an insurance claim after a car accident, also known as an accident claim, is complicated when dealing with injuries, property damage, and expenses. Understanding the specifics of your insurance policies is crucial when filing a claim after a car accident. Knowing how long the insurance company has to investigate your claim is key to managing expectations and avoiding delays. In Georgia, insurance companies have specific timelines but many factors can affect the speed of the process.
In this blog, we will break down the specific timelines Georgia insurance companies must follow, the factors that can impact how it takes for them to investigate, the legal provisions for delayed claims, and what happens after the investigation is complete—giving you insight into how a Douglasville car accident lawyer can help you through each step.
Timelines for Claim Investigation and Settlement in Georgia
Knowing the specific timelines insurance companies must follow in Georgia for insurance claims will help you manage your expectations and take action to avoid delays.
Claim Acknowledgement
Georgia law requires insurance companies to acknowledge a claim within 15 days. This initial step confirms the insurer is aware the policyholder is filing a claim but does not mean approval or denial. During this time the insurer may request more information or documentation to start the formal investigation. Make sure you get all your info in early to avoid delays during this phase.
Investigation
Once the claim is acknowledged the insurance company has 15 days to investigate. This part of the process includes gathering evidence, talking to the parties involved, and determining liability, which can vary greatly in car accidents. If the insurer determines the claim is more complicated—such as when there are multiple parties or conflicting reports involved—they may formally request an extension. Georgia law allows them to request up to 60 days more time to investigate but they must give a clear reason for the extra time.
Settlement or Denial
Insurance companies must settle or deny the claim within 40 days of the date the claim is filed. If the claim is approved the insurer must pay within 10 days of the decision. Sometimes they may offer partial payment and dispute the full amount requested by the claimant. If the claim is denied the insurer must give written reasons for the denial so the claimant can appeal or take legal action if needed.
Factors that Affect the Investigation
Several factors can impact how long it takes for an insurance company to investigate insurance claims in Georgia. While insurance companies have timelines, some complexities can add to the process. Knowing these factors will help you manage your expectations and take action to avoid delays.
Severity of Injuries and Damage
Claims with severe injuries or extensive property damage, often referred to as injury claims, require insurance companies to thoroughly investigate. Medical evaluations, repair estimates, and ongoing treatment slow the process as both parties work to determine the full extent of the losses. Insurance companies may wait until medical treatment is complete to get accurate data so they can quantify the loss which can add to the investigation time.
Disputes Over Liability
Determining fault is a big hurdle, especially in cases with multiple parties or conflicting witness statements. When liability is disputed insurance companies take more time to gather evidence, interview witnesses, and analyze police reports. In these situations, insurance companies will extend the investigation to minimize their exposure sometimes lead to a car accident lawsuit.
Requests for More Info
Insurance companies will often request more information, medical records, accident reports, or repair estimates to validate the claim. Each request adds days or weeks to the timeline. If the documents are incomplete or slow to arrive, the investigation will be further delayed. Stay organized and get all the necessary documents in as quickly as possible to speed up the process.
Negotiation Strategies
In many cases, insurance companies will try to negotiate a lower settlement by prolonging the investigation. They may delay decisions hoping the claimant will accept a lower offer out of frustration or financial need. Working with an experienced attorney can counter these tactics and speed up the negotiation process. Get a free consultation with a personal injury attorney to counter these tactics and speed up the negotiation process.
Legal Proceedings
If negotiations fail the car accident claim will go to legal action. Filing a lawsuit adds weeks or months to the process as both sides prepare for discovery, depositions, and potential trial dates. Even if the case doesn’t go to trial just the fact that legal proceedings are involved will add to the timeline.
Delayed Claims Provisions
Georgia law requires insurance companies to handle claims fairly and promptly. When insurance companies don’t meet the deadlines without a valid reason legal provisions allow policyholders to hold them accountable. Knowing these provisions will help you take action if the process is unreasonably delayed.
Georgia Code §33-6-34
Under Georgia Code §33-6-34, insurance companies must follow fair settlement practices including timely acknowledgment and resolution of claims. Violating these standards such as unjustified delays or failure to communicate can be considered an unfair settlement practice. Policyholders can use this statute to challenge delays through legal means if deadlines are missed without a valid reason.
Requests for Extension
While Georgia law has strict timelines for investigation and settlement insurance companies can request extensions in complex cases. They must however provide written justification for the delay and specify why more time is needed. Policyholders should watch these requests closely to make sure extensions are not used to stall legitimate claims.
Consequences of Unfair Delays
If an insurance company misses deadlines or denies a claim without a valid reason the claimant can file a lawsuit for unfair practices. Insurance companies must pay within 10 days of agreeing to a settlement. If they miss this payment deadline they can face further legal action including penalties or interest on the unpaid amount.
Legal Representation
Having legal representation is crucial when dealing with a personal injury claim. Attorneys can hold insurance companies to legal timelines and make sure they follow fair settlement practices. If delays occur they can file legal action to move the process forward or get compensation through the court.
What Happens After the Insurance Investigation?
Once the insurance company finishes their investigation they will decide to approve or deny the claim. This is the critical phase as it sets up for payout, negotiation or legal action. Knowing what happens after the investigation will help you be prepared for what’s next.
If the Claim is Approved
If the insurance company approves the claim they must pay within 10 days of the decision. Approval of the claim will help alleviate the financial burden of medical bills, property damage and lost wages. Approval doesn’t always mean full compensation. Insurance companies may approve a partial settlement if they dispute some of the damages or liability. Claimants must review the payout carefully to make sure it matches their losses. If the offer seems low they can negotiate to get a fairer settlement.
If the Claim is Denied
If the insurance company denies the claim they must provide a written explanation for the denial. This will help the claimant understand the basis of the decision and give them an opportunity to dispute it. Denied claims can be appealed through the insurance company’s internal process or the claimant can escalate the matter by getting legal advice and filing a lawsuit if necessary.
Settlement Negotiations
Even after approval negotiations may occur especially if the insurance company’s offer is lower than the claimant’s expectations. Insurance companies try to pay as little as possible and claimants may need to push back to get a better settlement. This can be direct negotiations or legal mediation, especially in complex or high-value cases.
Legal Action
When negotiations fail or the insurance company’s decision is unfair car accident cases can escalate to legal action. Filing a lawsuit can add months or even years to the resolution process but may be necessary to get fair compensation. During the legal process, both parties gather evidence and prepare for trial but many cases settle out of court to avoid the cost and uncertainty of a trial.
Contact an Experienced Douglasville Car Accident Attorney ASAP!
If you’re facing delays or challenges with your insurance claim, don’t navigate the process alone. Our team at Hartley, Rowe, and Fowler is here to help. With extensive experience handling car accident claims in Georgia, we know how to push for timely resolutions and maximize your compensation.
Contact us at 678-825-6004 for a free case consultation today!
