How Long an Auto Accident Claim Takes, Stage by Stage

The Timeline of a Car Accident Claim

Car accident claims move through stages that may take months or longer. The vehicle damage part often resolves within weeks, while the injury claim usually waits until medical treatment has run its course. A car accident lawyer can explain where a particular claim https://martinpenq525.oakridgedigest.com/posts/how-long-an-auto-accident-claim-takes-stage-by-stage-3 stands, although no two claims follow the same path.

The first hours and days

Getting medical care comes first, even if injuries seem minor at the scene, and the records made that day often become important evidence. Responding officers usually prepare a crash report, and the report number is needed to request a copy. Most policies require prompt notice of a crash to the policyholder's own insurer, even when the other driver caused it. Photos of the vehicles, the scene and any visible injuries are easiest to take early, and dashcam files should be saved before they are recorded over.

Repairs and the first calls

The car is either repaired or declared a total loss, and the insurer pays for repairs or the actual cash value. Some states allow a diminished value claim. The other driver's adjuster may request a recorded statement or make an early offer. Many people talk with a car crash lawyer at this stage, before a release is signed. A preservation letter can ask that video and event data recorder (EDR) data be kept.

Treatment and documentation

While treatment continues, medical records and bills are gathered, along with proof of lost wages. Many claims are not valued until the injured person reaches maximum medical improvement, the point when doctors can describe the long-term outlook. An auto accident attorney then prepares a demand package for the insurer containing the records and bills, along with a summary of damages. Some states regulate time-limited settlement demands by statute.

Settling before treatment ends

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

Filing suit

The adjuster may accept, reject or counter the demand. If the claim does not resolve, 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 ask for an independent medical examination. Many courts require mediation before trial, and most cases resolve by settlement rather than verdict.

When the claim resolves

Settling a claim usually means signing a release. Before funds are paid out, liens from Medicare, Medicaid or health plans may need to be resolved, and settlements for minors may need court approval in many states. A motor vehicle accident attorney should provide a written closing statement that shows the fee, the costs and the net recovery. This is general information and not legal advice, and no article can predict how long a claim will take.