How Long Does a Car Accident Settlement Take?

Our Long Island car accident attorneys are here to assist you in filing your claims and seeking a favorable settlement.

If you were injured in a motor vehicle collision on Long Island, you may be wondering how long does a car accident settlement take? There is no straightforward answer to this question as the duration of a car accident settlement process can vary greatly depending on several factors.

The most significant factor that affects the car accident claims process is the severity of your injuries. If you sustained only minor injuries, then car accident settlements may be relatively quick.

On the other hand, if you sustained severe injuries that require ongoing medical treatment and rehabilitation, it may take longer to receive a settlement as your car accident lawyer will need to accurately calculate all of your medical bills, expenses, and other losses.

Understanding the Car Accident Settlement Process

The auto accident settlement timeline and process begins with filing a claim with your insurance company:

• Filing the initial claim: Report the New York car accident to your insurance company.
• Evidence gathering: Collect any relevant evidence, such as photos, medical reports, and police reports.
• Negotiation: Your personal injury attorney and the insurance company negotiate a fair car accident case settlement.
• Litigation (if necessary): Your experienced car accident lawyer will take the case to court to achieve a fair outcome for the car accident victims.
• Settlement Check: The insurance company issues a check for the agreed-upon settlement amount and you get your payment once your lawyer has settled any liens or other financial obligations covered by the settlement.

Factors That Affect Settlement Timelines

Several factors can affect how long it takes to settle a car accident claim including:

• Extent of Injuries: The more severe your car accident injuries, the longer it may take to reach a settlement. Your car accident attorney needs to have a clear understanding of the long-term effects of your injuries and any potential future medical expenses.
• Disputed Liability: If there is a dispute about who caused the accident, it can significantly delay the settlement process.
• Insurance Company Delays: In some car accident cases, insurance companies may purposely delay the process in hopes that you will give up or settle for a lower amount.
• Court Schedule: If your case goes to court, the timeline will depend on the current schedule of the court and any potential delays due to unforeseen circumstances.

Filing a No-Fault Insurance Claim on Long Island

New York operates under a no-fault insurance system. This requires drivers to have personal injury protection (PIP) insurance, which covers their essential expenses following car accidents, irrespective of fault.

According to the New York Department of Financial Services, you should file a written notice of claim with your PIP provider no later than 30 days after your collision. Once your insurer receives notice, they have five days to send you an Application for Benefits and a letter explaining your available coverage, your rights, and your obligations.

How No-Fault Insurance Affects Your Car Accident Settlement Process

No-fault insurance simplifies the settlement process by covering immediate medical expenses and lost wages, regardless of who caused the accident.

However, if your losses exceed your PIP coverage, you may be able to pursue a personal injury claim against the at-fault driver for additional damages including pain and suffering and future damages resulting from catastrophic injuries and permanent disabilities.

What You Can Do to Expedite the Process

While some factors are out of your control, there are steps you can take to help speed up the personal injury lawsuit settlement process:

• Act quickly: Report the accident and start gathering evidence as soon as possible.
• Stay organized: Keep all relevant documents related to the accident in one place for easy access.
• Be thorough: Make sure you provide your lawyer or the insurance company with all necessary information and documentation to support your claim.
• Consult with a personal injury lawyer: A lawyer can help guide you through the process, negotiate on your behalf, and ensure you receive fair compensation.

Timeline for Pursuing Compensation from an At-Fault Party

In general, you must take action before the three-year statute of limitations for personal injury expires. There may be some cases where this time window is shorter, for example, if you are pursuing a lawsuit against a government entity or for the loss of a loved one. So, be sure to discuss the statute of limitation with a lawyer.

How Soon Will You Receive Your Settlement?

The duration for receiving your settlement from a car accident lawsuit is contingent upon the time insurance companies take to investigate your claim and negotiate a fair settlement amount.

However, once you reach an agreement with the insurance company, they must pay the full settlement within 21 days. If your claim is against a government entity, they have 90 days to make payment.

How Can Rosenberg & Gluck, L.L.P. Help with the Settlement Process?

Our skilled Long Island car accident attorneys are here to assist you in filing your insurance claims and seeking a favorable settlement. We handle evidence collection, communication with insurance firms, and negotiations to secure the best result for you. Should the insurance companies prove difficult, we will represent you in court.

Call for a Free Consultation

Call us today for a no-cost, no-obligation case evaluation. We can assist clients in English and Spanish.