After the claim is filed, the insurance company is going to want to do an investigation about how the accident happened. Generally, they will try to get a statement from their insured and you. If the defendant doesn’t cooperate, it could take a while for the insurance company to accept liability. Accepting liability is not an admission of fault or guilt but rather a willingness of the insurance company to make an offer of settlement designed to compensate you for damages you sustained in the accident.
In the event that a lawsuit has to be filed on your case, liability will still have to be proven in a court of law. Also, if a case is settled, you will see that most releases include language that refers to the accident as a “disputed claim.” As previously stated, this is because every element of a case must be proven at trial.