How long it takes a car accident claim to settle depends on the nature of your case and how quickly you can reach an agreement with the insurer. The insurance company may offer the settlement you expect right away. This is most likely to happen where damages are far greater than the available policy limits so the carrier does not believe it is cost-effective to spend money defending the policy, but such an outcome would most likely be very disappointing to the injury victim who, again, has settled for significantly less than the value of their terrible injury. Other cases may involve extensive negotiation until you get a fair offer. If negotiations fail and you qualify to file a lawsuit after your New York car accident, your attorney may opt to begin this process, being sure to protect your rights by doing so before the deadline to do so expires.
You should also be aware of the deadlines for filing a claim with your no-fault insurance provider. Your lawyer will help you understand the timeline for filing these claims and any other significant time restrictions that apply to your case. They are often very short, so we recommend contacting an attorney as soon as you can after your injuries occur.
Our team understands that after a collision, our clients want to address their damages and put the whole ordeal behind them. If you work with us, we will help you pursue a settlement in your case as efficiently as possible, so you receive the compensation you need and deserve.
Filing Deadlines in Car Accident Cases
While there is no specific time limit for a car accident claim to reach a settlement, there is a deadline for taking legal action. The deadline for personal injury lawsuits is set by New York Civil Practice Laws & Rules (CVP) §214.
If the deadline in your case is approaching, a fair settlement is not imminent, and you qualify to pursue a personal injury lawsuit, your lawyer will likely prepare your case for court. The civil suit will name the at-fault driver and any other liable party as the defendants in the case.
While the statute of limitations does not technically apply to the insurance claims process, the ability to take a case to court can provide the necessary leverage to negotiate a fair settlement in some scenarios. If your lawyer does not file a personal injury lawsuit before the opportunity expires, you will not be able to do so later. This will almost certainly make it impossible to reach a fair settlement. If the carrier knows that if they deny your claim you have no recourse in the legal system, in other words, there is nothing you can do about it, they have no motivation to make any offer to you. Insurance carriers do not offer settlements to be “nice,” or because it is, “the right thing to do.” They offer settlements because their evaluation supports a conclusion that failing to settle the case is likely to cost them more in the long run.
Personal Injury Lawsuits and Settling Car Accident Claims
There are some steps your lawyer will take to control how long it takes a car accident claim to settle. Still, there is no way to force a settlement if the insurance company’s representatives are not open to a fair payout.
In fault-based claims, taking legal action against their policyholder who caused your accident can sometimes provide the nudge needed to increase the settlement offer. This is sometimes the preferred outcome if you have to file a civil suit in your case, because once you commit to going to trial, the court sets the timeline.
It generally takes much longer to go to trial and reach a conclusion. Meanwhile, settling out of court brings the following benefits:
- The involved parties have control over the value of the case, not the court.
- You can avoid the costs associated with going to court.
- You do not need to testify in front of the judge and jury.
- You will not have to discuss personal medical records or financial information in court.
Notwithstanding all of the above, decades of experience have shown us time after time that the best way to obtain the best settlement is to be ready, willing, and able to proceed to trial. With that in mind, when the facts support a case being litigated, we prosecute the case as if it will ultimately be presented to a judge and jury.
How a Personal Injury Lawyer Can Help Settle Your Claim
To this end, your lawyer will take steps to build a strong case for compensation and attempt to prove to the insurer why you deserve the settlement you are requesting. If Friedman & Simon, L.L.P. is your legal team, we will:
- Keep you updated on your case.
- Identify the liable parties.
- Communicate with all parties on your behalf.
- Gather evidence.
- Determine a value for your case.
- Fight relentlessly to win the best possible case outcome for you.
As indicated by the unique circumstances of your case, we will use the police report, photographs and video, eyewitness testimony, accident reconstruction, and expert witnesses to prove your case. This could include medical experts, vocational rehabilitation specialists, life care planners, and economists.
Talk to Our Team Today About Your Car Accident Claim
Count on Friedman & Simon, L.L.P., to serve as a passionate advocate for your best interests if we represent you in your New York car accident case. Before we get started, we will review the details of your case with you for free. There is no obligation to commit to our services.
We meet with car accident victims anywhere on Long Island or throughout the New York metropolitan area. Our multilingual staff will work with you in your preferred language, including—Spanish, Greek, Bengali, Tamil, or Kannada—if necessary.
To learn more about how Friedman & Simon, L.L.P. helps car accident victims secure financial recovery, call (516) 932-0400 today.