The Timeline of a Car Crash Claim

A car accident claim moves through stages that can 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 stands, though every claim is different.

Right after the crash

Getting medical care comes first, even if injuries seem minor at the scene, and records from that first visit often become important evidence. Responding officers usually prepare a crash report, and the report number is needed to request a copy. Most auto policies require prompt notice to the policyholder's own insurer, even if the other driver was at fault. 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.

Property damage and early contact

The vehicle is repaired or declared a total loss, and the insurer pays the repair cost or the actual cash value. Some states https://caraccidentlawyers.wiki/reference/lawyers-and-fees/ allow a diminished value claim. The other driver's adjuster may request a recorded statement or make an early offer. 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.

The months of treatment

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. A car accident lawyer then sends the insurer a demand package 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. If a doctor expects surgery or long-term care, those costs are usually estimated before a demand is made. The treating doctor's written opinion can document them, and serious cases sometimes use a life care plan. Settling too early can leave those costs unpaid, while waiting too long risks missing the filing deadline.

If the claim does not settle

The insurer may accept the demand, reject it or make a counteroffer. If negotiations stall, the next step is usually a lawsuit, which must be filed before the statute of limitations expires. Each state sets its own deadline, and claims involving a government agency may require written notice much sooner. Discovery brings written interrogatories, document requests and depositions, and the defense may ask for an independent medical examination. Many courts require mediation before trial, and most cases settle rather than reach a verdict.

Settlement and closing

Settling a claim usually means signing a release. Before money is distributed, liens from health plans, Medicare or Medicaid 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 showing the fee, the costs and the net amount. This timeline is general information, not legal advice, and it cannot predict how long a particular claim will take.