In New York, it usually takes several months to settle a car accident claim, but some cases can stretch to a year or even longer. How long a car accident settlement actually takes depends on things various elements, which vary between cases:
- How complicated the case is
- The seriousness of the injuries
- How negotiations go
To get a better understanding of how we can help speed up your personal injury lawsuit, you need the expert guidance of an NYC car accident lawyer from our firm
Timeline for the average time to settle a car accident claim
While every case is completely different, there are a few key steps that usually happen in every personal injury claim. Based on our experience, we've put together a potential timeframe for you:
Seeking Medical Treatment: 1-2 weeks on average
The first thing you should do after a car accident is to get medical treatment for any injuries. Taking care of your health is important, and your medical records will be used as evidence in your case. These records show how badly you were hurt and how much your medical bills are, which helps determine how much compensation you should get.
How quickly accident victims receive medical treatment is a precursor for how quickly they receive a settlement. Without this, there are no grounds to back up your claim that you've been injured.
Contacting a Lawyer: 1-2 weeks on average
It's a good idea to talk to a personal injury lawyer from our law firm as soon after your accident. One of our car accident attorneys will explain your rights, help you understand the legal system, and improve your chances of getting a good settlement.
We offer a free consultation where you can discuss your case and see how we can help you.
Gathering Evidence: 4 weeks to 2 months, on average
Collecting evidence includes getting police reports, witness statements, photos of the accident scene, and any other important documents.
If your situation is complex with multiple parties involved, there's more evidence to gather. And so, your claim will likely take longer to settle. But this doesn't mean it isn't worth pursuing a claim.
The lawyer we assign to your case will remove this legwork from you so you can recover from your injuries, greatly speeding up the process.
Starting the Claim: 1-2 weeks on average
Once you have your evidence, the next step is to file a car accident claim with the insurance company. Your accident attorney will help you prepare and submit the claim, making sure it includes all the facts and details needed.
They will also guide you in gathering any additional documentation that may be required, such as medical records, repair estimates, and any correspondence with the other party involved in the accident.
Negotiating a Settlement: 1-4 months on average
Once the claim is submitted, the insurance company will typically begin an investigation. This may involve reviewing the evidence you've provided, speaking with witnesses, and possibly conducting their own assessments of the vehicle damage and injuries.
During this phase, it’s important to stay in close communication with your attorney, who can keep you informed about the progress and address any requests or concerns from the insurance company.
The insurance adjuster assigned to your case will then evaluate the evidence and determine the extent of liability and compensation. Your attorney will negotiate on your behalf to ensure that you receive a fair settlement that covers all your damages, including medical bills, lost wages, property damage, and any other related costs.
In some cases, the initial settlement offer may not be sufficient or fair. If this happens, your attorney may advise you to file a lawsuit and take the case to court.
Litigation can be a more complex and time-consuming process, but it may be necessary to obtain the compensation you deserve. Your attorney will represent you throughout this process, from filing the lawsuit to arguing your case before a judge and jury if necessary.
Reaching a Settlement Agreement: 1-2 months on average
Once you agree on a settlement, it will take some time to complete the paperwork and get your settlement funds. Getting a settlement check can take weeks or months, depending on how complicated the case is and how quickly things move.
The first step after agreeing to a settlement is often the drafting and signing of a settlement agreement. This is a formal document that outlines the terms and conditions of the settlement. Both parties must review and approve this document, and it is essential to ensure that all details are accurate and acceptable to both sides. Any necessary revisions may prolong this stage.
Once the settlement agreement is signed, it may need to be approved by the court if the case is part of ongoing litigation. This can add additional time, especially if the court has a busy docket or if there are any objections or issues raised by the judge.
After court approval, if required, the defendant or their insurance company will typically process the payment. This can involve several internal steps, including:
- The calculation of the final settlement amount
- Processing the release of funds
- Mailing or wiring the check
Delays can occur if there are any additional requirements, such as lien resolutions, where outstanding debts need to be satisfied from the settlement amount.
Finally, when you receive the settlement check, it might need to be deposited into a trust or escrow account managed by your attorney. From there, any owed amounts, including attorney fees and other costs, will be deducted before you receive your portion of the settlement.
For legal support on the specifics of your case, contact a lawyer from our team today!
How long does it take to get a second settlement offer?
After rejecting the initial settlement offer, it usually takes a few weeks to a couple of months to receive a second offer. The timeline depends on factors like the complexity of your case, the insurance company's response time, and ongoing negotiations between your lawyer and the insurance company.
Once you reject the first offer, your lawyer will send a counter-demand to the insurance company, highlighting why you deserve a higher settlement. This usually involves presenting additional evidence or emphasizing key aspects of your case, like ongoing medical expenses or lost wages.
The insurance company will review this information, which can take some time. They may consult with adjusters and legal experts to reassess your claim. During this phase, it’s important to be patient and stay in close contact with your attorney. If the second offer is still inadequate, your lawyer will continue negotiations to ensure you receive a fair settlement.
Factors that affect the time limit for an insurance claim settlement
Many things can affect how long it takes to settle an insurance claim after a car accident. Here are some of the key factors that can impact the timeline for a settlement.
- Complexity of the Case: If your case involves serious injuries, multiple people, or questions about who’s at fault, it might take longer. These types of cases need more investigation and legal work, which can slow things down.
- Severity of Injuries: If you have serious injuries, it can take time to figure out the full extent of your medical needs, including future treatments. This process can take months, especially if you haven’t fully recovered yet.
- Availability of Evidence: Having clear medical records, police reports, and witness statements will move your personal injury case much more quickly. But if you’re missing some evidence or need more investigation, it could delay things.
- Insurance Company Procedures: Every insurance company handles claims differently. Some process claims quickly, while others have a lot of red tape that can slow things down. Your lawyer will work hard to keep your claim moving as smoothly as possible.
- Negotiation Process: Negotiating with the insurance company is a key part of settling your claim. If you and the insurer agree on a fair amount quickly, the process will be faster. But if there are disagreements, it could take multiple rounds of negotiation, which can drag things out.
- Legal and Regulatory Factors: New York law has specific deadlines and requirements, like the statute of limitations, which can affect your claim. It’s important to know these rules to avoid unnecessary delays.
How long do insurance companies have to respond to a claim in New York?
In New York, insurance companies typically have 15 business days to acknowledge a claim after it’s filed. Once acknowledged, they must begin investigating and notify you of their decision within 30 business days. This timeline helps make sure insurers handle claims quickly and efficiently.
Additional reading: how much can someone sue for a car accident
Improving the auto accident settlement time frame
Want to speed up your auto accident settlement? Being organized and proactive can help your claim move along more quickly and get you a fair settlement sooner.
Here’s what you can do:
- Provide Complete and Accurate Information: Make sure you give all the necessary paperwork, like medical records, police reports, and details about the accident. Having everything in order from the start can help avoid delays caused by missing or incomplete information.
- Respond Promptly to Requests: If your insurer or lawyer asks for more details or documents, try to get back to them as soon as you can. Delays in providing what’s needed can slow down the whole settlement process.
- Stay in Regular Contact with Your Lawyer: Keep in touch with your lawyer regularly to stay updated on your claim. We pride ourselves on communication and make sure that everything is moving forward as it should.
- Follow Medical Advice and Keep Records: Stick to your doctor’s treatment plan and keep track of all your medical visits and expenses. This helps avoid delays when verifying your injuries and makes sure all your medical needs are properly documented.
Additional reading: Average Settlement For a Car Accident In New York
How Ajlouny Injury Law can improve the auto accident settlement time frame
At Ajlouny Injury Law, we know how important it is to get a fair settlement quickly. We’re here to speed up the process and make sure you get the compensation you deserve as soon as possible.
Here’s how we make things move faster:
- Streamlined Documentation: We take care of all the paperwork to avoid any holdups. We handle everything from collecting medical records to putting together police reports, so you don’t have to stress about missing information slowing down your claim.
- Proactive Communication: We keep in touch with you and the insurance company regularly. If they need more info or documents, we make sure it’s sent over quickly and keep you updated on where things stand with your claim.
- Expert Negotiation: Our team knows how to negotiate settlements effectively. We work hard to get you a fair offer from the insurance company and push for a quick resolution, so you don’t face unnecessary delays.
Common reasons for a settlement to be delayed
Here are some common reasons why a settlement might be delayed:
- Incomplete or Incorrect Documentation: If medical records, police reports, or other documents aren’t complete or accurate, it can slow down the review and approval process.
- Disputed Liability: Insurance companies need to determine liability before they can agree on a payout, and disputes over this can delay the process.
- Ongoing Medical Treatment: The insurance company needs to understand the full extent of your injuries and related costs before making a final offer, which can take time if your recovery is ongoing.
- Slow Insurance Company Response: If they take a long time to review your claim or respond to requests, it can slow down the entire settlement process.
Trust in an NYC car accident lawyer from our firm today
If you’ve been involved in a car accident in New York City, don’t face the aftermath alone. Our experienced car accident lawyers are here to guide you through every step of the process and fight for the compensation you deserve.
From handling paperwork to negotiating with insurance companies, we’re dedicated to making your injury case as smooth and efficient as possible.
Contact our personal injury attorney today to schedule a free consultation and let us help you get the results you need.
Key takeaways on how long does it take to settle a car accident case
The duration of a car accident case to settle can vary significantly based on several factors. In New York, also known as a no-fault insurance state, the process involves filing a claim against your own insurance policy under personal injury protection (PIP).
The timeline to settle in New York can depend on how quickly you're able to reach maximum medical improvement, which influences the overall settlement timeline. For serious injuries, it might even take years to settle, especially if a large settlement is involved or if you need to file a personal injury lawsuit.
Your car accident case will take longer if there are disputes over liability or the extent of your injuries, requiring more extensive negotiation or even litigation through law offices.
The New York statute of limitations also dictates how long you have to file a claim, usually within three years of the accident. Since New York is a no-fault insurance state, your right to sue for a car accident injury in a New York car accident is limited unless you meet certain thresholds.
After reaching a settlement, the settlement check timeline will depend on the specific facts of the case and the efficiency of your legal team. Typically, receiving a settlement check can take several weeks after the agreement is finalized.
FAQs
Can an insurance company take back a settlement?
Generally, once a settlement is agreed upon and paid, the insurance company cannot take it back. However, if fraud or misrepresentation is discovered, they might challenge the settlement. It’s important to review and understand the settlement terms fully before accepting to avoid potential issues.
Can I sue my car insurance company for taking too long?
Yes, you can sue your car insurance company if they unreasonably delay your claim. However, it’s often better to first address the issue directly with them or through mediation. Legal action should be a last resort if all other methods to resolve the delay fail.
Other party insurer not responding: what do I do?
If the other party’s insurer isn’t responding, you should document all communication attempts and notify your own insurer. Consider contacting a lawyer who can help push for a response and ensure your claim is processed. Persistent follow-ups and legal advice can often resolve these delays.
