How Long Will My Car Accident Case Take to Settle in New York?
Determining how long it takes for a car accident case to settle in New York is challenging. Truthfully, there is no exact timetable or finite deadline. Only a personal injury attorney who specializes in car accident claims can give you an accurate estimate.
The total length of your claims process varies depending on the exact circumstances of your case, and every case is completely different. However, the sooner you partner with a New York car accident lawyer, the faster you can expect to resolve your case accident claim.
Factors Affecting How Long Your Car Accident Claim Takes to Settle
Every case is unique, and there are a variety of details that impact your settlement’s timeframe. Unfortunately, there is no official deadline that sets forth how long a case will take.
1) No-Fault Insurance
Since New York is a no-fault insurance state, you must complete a claim through your own auto insurance provider first. No-fault insurance, also known as personal injury protection (PIP), will cover a finite amount of your losses. The total coverage depends on your policy and should include medical bills and lost wages due to the accident.
When filing a no-fault insurance claim in New York, insurance adjusters have 15 days to request additional information to investigate the claim. After receiving the info, the insurance adjuster has another 15 days to accept or deny your compensation. Therefore, the entire no-fault insurance process can take up to 30 days.
If your losses exceed the amount of coverage your no-fault insurance policy can provide, you may seek additional damages through a personal injury claim. But you must always file a claim with your auto insurance provider first, which lengthens the amount of time it will take for your car accident injury case to settle.
2) Medical Treatments
The severity of your medical injuries from a motor vehicle collision can prevent you from taking legal action immediately. After your car wreck, you need to seek necessary medical care right away. Not only will the treatment aid in your recovery, but any medical diagnosis can be used as evidence when pursuing a personal injury claim against the at-fault driver.
If you sustain severe injuries that require extensive medical care, you will have to wait until you recover to take legal action. Therefore, car accident cases involving serious injuries typically tend to take longer to settle.
Examples of serious injuries after a motor vehicle accident include:
- Traumatic brain injuries
- Spinal cord damage or paralysis
- Loss of limbs
- Internal organ damage or bleeding
- Fractures and broken bones
It is critical to include the total value of your current and future medical costs in your settlement. Thus, accident victims must wait until they understand the full scope of their injuries before seeking a personal injury claim.
3) Insurance Cooperation
How willing your insurance provider is to cooperate with your claim can significantly impact the speed of your car accident settlement.
The liable insurance provider will have the option to:
- Accept your claim and provide the requested payout
- Offer a counteroffer to your settlement request
- Deny your claim and refuse to provide compensation
When an insurance adjuster accepts the claim right away, your case will settle quickly. However, this is not common. Insurance providers do whatever they can to protect their bottom line and prevent making a large settlement. Therefore, they often provide counteroffers, stall claims, or deny compensation altogether.
When an insurance provider submits a counteroffer, you or your lawyer can negotiate to increase the total settlement. If the insurance adjuster does not cooperate, a lawyer may have no choice but to file a personal injury lawsuit and take the claim to court. Going to trial extends your car accident case timeline, as lawsuits can take two years to settle in court.
4) Legal Representation
The faster you secure a skilled car accident lawyer, the sooner you should be able to receive your car accident settlement.
Legal experts are familiar with the New York statute of limitations and tactics that insurance providers use to stall the claims process. Therefore, the sooner you review your case with a personal injury lawyer, the earlier they can get to work building a strong case that will secure the compensation you deserve for your injuries.
For a free legal consultation, call (646) 692-0204.
Common Delays During a Car Accident Settlement
Some of the most common reasons that car accident victims experience delays when settling their claims are:
- Large settlements: When a car accident claim involves severe damages that constitute a large payout, it can take longer to recoup all losses.
- Maximum medical improvement: Car accident victims must reach maximum medical improvement before filing a car accident claim.
- Factual discrepancies: If there are concerns surrounding who is liable for the automotive accident or details of the collision, it will take longer to settle your claim.
If you feel frustrated that your car accident case is not moving forward, partnering with a skilled car accident attorney can help.
How Does a Car Accident Attorney Speed Up the Claims Process?
An experienced lawyer starts by evaluating your claim and assessing the details of your auto accident. From there, they can establish liability by proving that the at-fault party acted negligently.
Next, your car accident lawyer will gather evidence to build a sound case. The stronger your case, the harder it is for the insurance company to deny your claim.
Examples of viable evidence in a motor vehicle accident case include:
- Police reports
- Photos or video footage from the accident scene
- Witness statements
- Testimonies from medical experts and accident reconstructionists
Once your attorney determines the value of your losses, they send a demand letter to the at-fault insurance company. Then, they negotiate on your behalf, following up with the insurance adjuster to prevent more delays in your case. If the insurance company does not cooperate, your attorney will file a lawsuit and get your case in front of a judge as quickly as possible.
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Settling a car accident case can take time. But the sooner you partner with a qualified legal expert, the faster you can receive compensation for your injuries. If you need a car accident lawyer in New York, trust Dansker & Aspromonte Associates LLP to handle your case.
Our law firm is dedicated to recovering substantial settlements for car accident injury victims, and we will do everything we can to provide a swift recovery. Contact us now to learn more about how we help car accident victims secure compensation.
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