How Long a Car Accident Claim Takes, Stage by Stage

How Long an Auto Accident Claim Takes, Stage by Stage

Car accident claims move through stages that may take months or longer. The property damage part often resolves within weeks, while the injury claim usually waits until treatment has run its course. A car accident attorney can explain where a given claim stands, although no two claims follow the same path.

Right after the crash

Medical care comes first, even when injuries seem minor at the scene, and records from that first visit often become important evidence. https://jsbin.com/wodutateli Police usually write a crash report, and the report number is used to request a copy. Most auto policies require prompt notice to the policyholder's own insurer, even when the other driver caused it. Photos of the scene, the cars and any visible injuries are easiest to get early, and dashcam files should be saved before they are recorded over.

Repairs and the first calls

The vehicle is repaired or declared a total loss, and the insurer pays the repair cost or the actual cash value. Diminished value may be claimed in some states. An adjuster from the other driver's insurer may ask for a recorded statement or offer an early settlement. Many people consult a car accident attorney at this point, before signing any release. A preservation letter can ask the other driver or nearby businesses to keep video and event data recorder (EDR) data.

Treatment and documentation

During treatment, the medical records and bills are collected, along with proof of lost wages. Many claims are not valued until the injured person reaches maximum medical improvement, meaning the point at which doctors can describe the long-term outlook. A car accident lawyer then prepares a demand package for the insurer with the medical records and bills plus a damages summary. In some states, time-limited settlement demands must follow statutory rules.

Why timing matters for a settlement

Once a release is signed, the claim is usually over for good, including any future medical costs tied to the crash. When a doctor expects surgery or ongoing care, those future costs are usually estimated before a demand goes out. The treating doctor's written opinion can document them, and serious cases sometimes use a life care plan. An early settlement can leave those costs uncovered, while waiting too long can run into the filing deadline.

Lawsuit and discovery

The adjuster may accept, reject or counter the demand. If negotiations stall, the next step is usually a lawsuit, which has to be filed before the statute of limitations runs. Each state sets its own deadline, and claims against government agencies can require written notice much sooner. In discovery, the parties exchange written interrogatories and documents and take depositions, and the defense may request an independent medical examination. Many courts require mediation before trial, and most cases settle rather than reach a verdict.

Settlement and closing

A settlement usually requires a signed release. Before money is distributed, liens from health plans, Medicare or Medicaid may need to be resolved, and in many states a settlement for a minor requires court approval. An automobile accident lawyer typically provides a written closing statement that shows the fee, the costs and the net recovery. This timeline is general information, not legal advice, and no article can predict how long a claim will take.