How Long Does It Take for an Insurer to Pay an Injury Claim in Car Accidents?

Among the most common questions that people ask after being in a car accident is how long it takes an insurance company to pay a personal injury claim. The short answer is that most insurers present victims with payment in less than 45 days after they file their claim with the company. The trick here is that most insurers will most likely offer you less money than you deserve. In such cases, where you have to wait to get the rightful compensation you deserve, the period can extend to 6 to 12 months if the liability is accepted immediately. But let’s take things one at a time and understand how things work.

Should You Accept the First Claim Payout, or Should You Wait?

Immediately after the accident and until you receive compensation, you will manage financial problems alone. As everyone waits for decisions or even jury verdicts, the bills will continue to come in. The insurance companies know how desperate the wait can get, and that’s why some offer early cash awards, but, as you can imagine, car accident victims who accept an early check don’t ever get an opportunity to receive the fairest compensation. Therefore, the legal advice that all lawyers give is to refuse the check (or cancel it) and wait for settlement negotiations and court proceedings to come to an end. However, the question still stands: how long shall you wait? All personal injury cases are different, and while some can end in an about a few weeks, others can take several months or even years.

Is Pursuing a Personal Injury Case after a Car Accident Worth It?

Even if your case is different and can take a long time, you should stay positive. Insurers know that, as time passes, you get more tempted to settle for less. The wisest first step to take after a car accident resulted in injuries is to hire a car accident attorney in your state. Although they cannot offer a precise deadline for your case, they can somehow offer a rough estimate. They will study the accident claim first. Then, after considering all aspects, they will give you an estimated deadline. They can also give you the average deadline for most cases - one to two years. If your case becomes more complicated later on, it might get slower and slower. What’s important to know is that your patience will pay one day.

Car accident injuries can take mild forms - let’s say a scratch - to catastrophic forms, like traumatic brain injuries, spinal cord damage, paralysis, etc. Your attorney will consider all the factors influencing your case and will begin negotiations with the insurance companies if they refuse to pay more or at all. Here are some criteria your attorney will factor in the negotiations:

• Type and severity of your injuries;
• The costs associated with the medical treatments, physical recovery, psychological therapy, etc., you need.
• The amount of your lost wages, if the case.
• Loss of consortium.
• Drivers’ negligence and liability in the context of the car accident.
• Types of compensation and damages available to you, and more.

You should know that most car accident injury cases settle out of court. However, even if you don’t expect a jury to come back with a positive verdict for you, there are still things that can drag the settlement process for a long time.

Things that Take up Most Time

The preparation stage of a car accident case with injuries can consume considerable time. It entails the following:

• Locating a suitable attorney – Even if you need a personal injury lawyer now, you should care who you choose. You want a lawyer who handles your case to be one of the most experienced and knowledgeable professionals. It should take you some time to select a reliable lawyer. The signs that you need an attorney include having a bone fracture, being unable to work, or dealing with increasing medical bills.
• Opening of your case – After selecting a lawyer, the next thing that might take up the most time is filing a suit. The initial paperwork needs proper processing by the lawyer and you. Your attorney lets the at-fault driver and their insurance company know about your intent to sue them. At the same time, they have to focus on the state’s statute of limitations. A personal injury claim must be filed in court within the allowed time limit.
• Discovery procedure – This is a period characterized by fact-finding. Gathering of all important documents, including a police report, a medical report, photos, and witnesses’ statements, is done in this step. Finding out if there are disputes about the accident also happens in this step. Other activities carried out include accident reconstruction, exchange of documents (like the demand letter), and waiting for a solid prognosis from your doctor. This difficult procedure can take six months to 12 months.
• Court motions – If unlucky, a case can be dismissed or an early judgment entered due to several factors.
• Settlement attempts – This can be done in several ways, including mediation, arbitration, or negotiation. Regardless, most cases will be settled. If not, a court case will begin.
• Trial – The settlement will sometimes occur during the trial, right after the opening statements, or after the first witness testimony. If not, the trial can take anywhere from a few days to a few months (let’s hope not years).
• Judgment – If the driver at fault is defeated, they will pay the amount determined by the judge. They can, however, refuse the court’s decision and appeal.
• Appeal – If an appeal becomes successful, there can be a new settlement or trial, which can drag the case further.
• Collection of funds - These can be offered as a lumpsum or be split into small payments.

As you can see, the entire process of dealing with a car accident case is long and difficult. If one party appeals, the case can take even longer to end. So, the period between your claim filing and money collecting varies widely based on the case’s complexity and other factors.