Car Accident Settlement Stuck in Mediation

Car accident settlements are rarely easy. Sometimes, they take several rounds of back-and-forth between insurance companies, who love to reject offer after offer. Then comes mediation, the stage in which that neutral third party can help both parties come to an agreement. 

But what happens if you find yourself stuck in limbo? Accident and injury attorneys in Phoenix see these cases all the time. Typically, when negotiations in mediation are stalled, both sides can’t agree on compensation, liability or evidence. If no compromise can be made, there’s a chance the case may find itself in the courtroom.

How Mediation Works

Need the car accident settlement timeline explained? It’s simple. After an accident, if initial negotiations fail, you may need mediation. And if that doesn’t work, you could go to arbitration or to trial. 

Mediation is meant to be an opportunity where every person has a chance to tell their side of the story. It’s conducted by a neutral third party, whose role is to gather information, guide discussion and keep everyone calm throughout the process.

When you’re in mediation, usually you and your attorney will be in one room. The other party (or parties) will be in another room. The mediator will go back-and-forth, bringing each offer to the table and relaying information between both sides in real-time.

This entire process can take a day, or it could drag out for several sessions.

Car Accident Settlement Mediation Timeline: Step-by-Step Guide

Why Settlements Stall

While a majority of car accident cases settle before reaching the courtroom, that isn’t always the case. Insurance companies rarely want to admit their driver is at fault. And, they notoriously want to pay the least amount possible. 

These two factors alone can cause several car accident settlement delays when both sides cannot find any common ground. Other times, key pieces of evidence, like medical records, accident reports or repair estimates, may not be available yet or are still under review. 

It can get especially messy if multiple parties are involved. The more people impacted by the accident, the more difficult mediation may turn out to be, bringing mediation to a standstill.

What to Do When Stuck

Find yourself in this exact situation? Feeling like your case is going nowhere is beyond frustrating, but it doesn’t mean settlement isn’t within reach.

Here’s what you can do while you’re on hold:

• Stay in touch with your attorney: They’re the experts here and should be in frequent communication with the other insurance company and/or the mediator.
• Gather more evidence: If you have any other proof that could boost your argument, make sure you have it on hand. It could land you a higher settlement! 
• Be patient, but persistent: These results don’t happen overnight. 
• Prepare for an alternative: If mediation isn’t looking hopeful, get ready to try a different tactic. This could mean arbitration or, in some cases, going to trial.

The biggest thing? Make sure you’re always in the know about what’s going on. Being proactive and patient can pay off.

Choosing the Right Attorney

When your car accident settlement feels stuck in mediation, having the right Phoenix law firm on your side can make or break the end result. You need an experienced legal team, like the attorneys at Gage Mathers, who know how to keep cases moving forward.

With a 99.99% success rate, we’re committed to getting you the justice you deserve. Our trusted team keeps you in the loop every step of the way and make sure your case never loses momentum.

Having the right advocate in your corner is the key to what matters most: your healing journey.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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