How Long Does It Take To Settle a Car Accident Claim?

It can take anywhere from several weeks to more than two years to settle a car accident claim.

Simple claims may take about six weeks, while complex claims may require extended litigation.

Knowing the timeline for your car accident claim can help you plan. Additionally, there may be things you can do to pursue your case efficiently.

Jordan Law Center’s Greenville car accident lawyer explains how long a car accident settlement takes and how a lawyer can help with your case timeline.

How Long Should Car Accident Settlements Take?

The time it takes to achieve a car accident settlement depends on several factors. If liability is straightforward and the compensation amount is relatively low, a car accident claim can be resolved quickly. In such cases, it often involves documenting losses and submitting that information to the insurance company.

When a case is complicated, a car accident settlement may require extended litigation. While no one wants a long litigation process, it may be necessary when the claim is for a high amount or when there are factors that make the case complex.

Will my car accident claim be one of the long ones?

Rest assured, most cases don’t involve years and years of complex litigation. Most claims fall within the simple or moderate category. It’s best to balance the need to resolve the case quickly with pursuing the full value of the claim. A lawyer understands how to avoid delays and fight stall tactics that can delay your compensation.

What Determines How Long a Car Accident Settlement Takes?

Why is my car accident case taking so long? Several factors may influence how long a car accident settlement takes.

Clarity of fault

Questions regarding the cause of the accident or comparative negligence can complicate a case. Once a fault is established, a car accident claim can proceed to a determination of damages.

Uncertain damages

When damages lack sufficient evidence, the insurance company may feel justified in making a low offer. Providing clear evidence to support the requested amount of compensation can prompt a quicker response from the insurance company.

Catastrophic injury

A catastrophic injury claim should consider future care needs, nursing care, mobility support, lost income, and disability compensation. Claims related to severe, life-changing injuries are typically for high-dollar amounts. The defense is more likely to respond aggressively to a catastrophic injury claim, and building the case can take longer in general.

Pre-existing conditions

Insurance companies use pre-existing conditions to reduce case value. Gathering medical records and information to contest an allegation that injuries are from a pre-existing condition can take time.

Available insurance policies

When insurance policies are involved in paying compensation, victims have a clear process to collect their payments. Even when the case is clear, the party responsible for the car accident may resist settlement if they are personally liable.

Insurance policy practices

In South Carolina, insurance companies are required to respond quickly to a car accident claim. They must acknowledge all communications regarding the claim and make payments in a reasonable time frame when liability is clear. While these requirements provide a general framework, insurance companies have varying standard timelines for handling claims.

Insurance bad faith

There are times when insurance companies purposefully delay or deny claims, hoping you’ll give up. An attorney can assist you in fighting against insurance bad faith.

Laws and procedures in the jurisdiction

Car accident laws differ from state to state, and court timelines can vary. The court determines when to schedule hearings and how long the parties can take for discovery. The trial date is set based on court availability. These varying laws and procedures can influence how long a car accident settlement will take.

What Is the Car Accident Settlement Process?

The car accident settlement process starts when a car accident occurs. Reporting the accident to law enforcement, gathering information, and taking photos of the accident scene can build evidence of fault, causation of harm, and damages. The next step is to report the accident to your insurance company in a timely manner.

Initial investigation

The insurance company conducts an initial investigation. You’ll submit documents to confirm your losses, including medical records, lost income, and vehicle damage estimates. In a fault state like South Carolina, you may need to prove accident fault.

Demand letter

A demand letter, which summarizes the basis of the claim and the amount of compensation sought, may prompt the insurance company to offer a settlement. The insurance company may respond with an offer of settlement. However, if the insurance company denies or undervalues the claim, the next step in the process is filing the case in court.

Court

Taking the case to court submits it to a judge or jury to decide. The court process involves filing a complaint, serving the other party, discovery, motion hearings, and trial. Settlement negotiations may continue while a case moves through court, and the parties may settle at any stage in the case.

Collecting compensation

The last step in the car accident settlement process is collecting your compensation. The parties will put the final settlement in writing. The insurance company or other responsible party will then make payment.

Tip: Know what your case is worth!

Unfortunately, it isn’t as simple as trusting the insurance company to value your case. It’s important to remember that the insurance company wants to pay as little as possible. Missing categories of compensation or undervaluing non-economic damages can mean receiving less than you deserve.

What Slows the Process

When you’re pursuing a car accident claim, there are things that you can do to speed up the process. Gathering as much information as possible can remove doubt and prompt the insurance company to resolve a claim.

Additionally, poor timeline management can slow the process. Sending a demand letter too late can stall insurance negotiations. Starting discovery too late or failing to motion the court at the correct time can add to the litigation timeline.

An attorney can help you avoid mistakes that slow down the car accident settlement claims process.

How a Greenville Car Accident Lawyer Can Help

Jordan Law Center is a Greenville car accident lawyer. Clients count on our experience when they need skilled and efficient legal representation. Please call or message us now.