If you are injured in a car accident and hoping to pursue compensation from the liable party, you might wonder how long it takes to settle a car accident claim in Alaska. The duration of a claim hinges primarily on the evidence backing the facts and circumstances of your case and the impact of the law on the facts alleged.
At every stage, it is imperative to obtain responsive legal representation and keep them abreast of your objectives for resolving the claim. Libbey Law separates itself from other firms by guaranteeing accessibility and meticulous case management. We never rush a claim or leave you hanging.
The Alaska Statutes § 28.35.080 oblige persons involved in motor vehicle wrecks to contact police immediately. If you are physically incapable of calling 911, someone else waiting at the scene of the crash could do so.
Bringing law enforcement into the picture is only necessary when someone has been killed or injured physically, as well as when there is considerable property damage. However, the police should generate a report, pursuant to § 28.35.080(e), which you can supply as a third-party rendering of the incident for later purposes, such as for leverage in settlement discussions.
The immediacy of Alaska’s reporting law may prohibit you from acquiring legal counsel before calling police, unless you already engage regularly with an attorney as their client. For most people, this is not the case. So, securing legal counsel after making a police report, but before filing a claim with your insurer, may help you move through the claim-settlement process in Alaska more smoothly without it taking as long.
Preferably, upon consultation with your lawyer in Alaska, you should then submit a claim to your own insurer. This is not to say you should be lackadaisical in procuring legal representation and notifying your insurance company. The quicker you take these steps, the faster your claim can be processed and settled.
You must then wait for your insurer to conduct its own investigation into the facts of the collision. If fault is straightforward, then the investigation may be brief. For example, a brief investigation could happen in the case of a driver hitting you from behind. However, if more complex aspects exist, such as contributory fault, an uninsured motorist, or the development of medical conditions, this investigation could take some time.
You can facilitate your insurer’s investigation by supplying them with as many records as are relevant and available to you, including the initial police report, medical documentation of acute and chronic diagnoses and their treatment, and any eye-witness accounts you can find. Your lawyer will be invaluable in this unofficial quasi-discovery inquiry.
After your insurance company has finished its investigation, you may receive notice that another driver is liable for the damages you’ve sustained. However, adjusters are employed by your insurance company and taught to find ways to shift financial responsibility to another party. Nonetheless, the finding that another party is at fault for causing the accident underlying your claim is significantly helpful when it comes to bargaining. This could also help with the length of the claim settlement process in Alaska.
Alaska operates on the basis of fault in determining liability for auto-wrecks but aims for those determinations and payouts to be handled between parties’ insurers, as reflected in the scheme of compulsory auto-insurance set out in § 28.22.101. It tends to be less expensive and far more efficient for you, your insurer, the opposing party, and its insurer to reach a settlement agreement without involving the courts.
If settlement discussions break down, litigation may be your only avenue for relief. There is a statute of limitations requiring you to file a personal injury claim within two years since the accident-at-issue, per § 09.10.070.
There is no perfect estimate of how long it takes to settle a car accident claim in Alaska, but the attorneys at Libbey Law are focused on results. No matter how much time your case takes, we could advocate for you without collecting fees until we get you the recovery you need to move forward. Call today to schedule a consultation.
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