How Long Does A Car Accident Settlement Take? [Process + FAQs]

From the crowded avenues of Manhattan to the sprawling boroughs, navigating the bustling streets of New York City can be both exhilarating and challenging.

However, in the vibrancy of urban life, a sudden car accident can quickly disrupt one’s daily routine.

How long does car accident settlement take in New York and what does the process look like?

Let’s dive deeper into this topic.

If you were recently injured in a car accident, you may be entitled to compensation, to help cover your injuries, damage to your vehicle and more.

We’ll explain the settlement process, cover factors that can cause a delay, and share how our personal injury lawyers at Spar & Bernstein can help you reach the maximum settlement.

Bradford H. Bernstein

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

View Brad's Bio

Bradford H. Bernstein

How Long Does A Car Accident Settlement Take In New York?

Each personal injury case is different, which makes it difficult to determine the time it will take to reach a settlement in your specific case.

The length of the process depends on the complexity of the case, the severity of your injuries, and whether you decide to seek compensation in court.

If your case is straightforward, a settlement can be reached in several months.

If your case is complex and involves serious injuries, questioning of liability, expected long-term recovery and expensive rehabilitation, it may take up to several years to reach a settlement.

With a vast experience in personal injury covering 60+ years, The Laws Offices of Spar & Bernstein protect the rights of people who have suffered car accident injuries in New York and New Jersey.

Our knowledgeable motor vehicle accident lawyers will review your case details and speed the process along as much as possible, without sacrificing getting a fair settlement.

How Does The Car Accident Settlement Process Work?

If you were injured in a car accident, you may be eligible to file a personal injury claim and seek compensation for personal injury damages, such as:

• Medical expenses
• Lost wages
• Pain and suffering
• Disability and disfigurement
• Property loss, such as vehicle repair costs
• Loss of enjoyment of life
• Loss of consortium

Typically, the settlement process includes several stages:

1. You File A Claim

The first step is to file a personal injury claim with the at-fault driver’s insurance company.

Keep in mind that the statute of limitations in New York, i.e. the period of time when you are permitted to file your claim, may vary depending on the type of accident and the party against which you are filing a claim.

• For claims against third parties in New York, the statute of limitations is typically three years from the date of the accident.
• In cases of wrongful death, the statute of limitations is two years from the date of death.
• If the accident involved a municipality, such as a city or town, the deadline to file a claim is one year and 90 days from the date of the accident, and the filing must be preceded by filing a Notice of Claim within the first 90 days after the accident. Learn if you can sue the city for bad roads in our detailed guide.

2. The Accident Is Investigated

Once your claim is filed, an insurance claims adjuster will investigate the circumstances around the accident, to determine whether your claims are valid.

The insurance adjuster checks every piece of evidence, including:

• The accident police report
• The statement of the other driver
• Witness statements
• Medical records
• Photographs of the two vehicles
• Photographs of the accident scene
• The site where the accident happened
• Additional evidence of financial damages

3. Expert Consultants Weigh In

During this stage, experts in different spheres related to your claim state their opinion of the accident, injuries and losses you have suffered.

These experts may include:

• A mechanical or civil engineer, to provide insights on a possible vehicle malfunction or road problems
• Your doctor, to provide information about your medical condition, including injuries and treatment, plus a long-term health prognosis
• Psychologists or psychiatrists, to provide opinions on the psychological impact of your injuries, such as PTSD, anxiety, depression, and other mental health conditions resulting from the accident
• Rehabilitation specialists, to evaluate the impact of injuries on your ability to work and earn income
• An accident reconstruction expert, to provide insights into what caused the accident and possibly create a digital rendering of the events that led to the injury, helping to establish liability and causation

4. The At-Fault Driver’s Insurance Company Reviews The Policies

During this stage, the insurance company of the at-fault driver reviews your insurance policy, along with the policy of the at-fault driver.

This includes liability coverage, which pays for damages the insured driver is legally responsible for, as well as any additional coverage such as medical payments coverage or uninsured/underinsured motorist coverage.

If the at-fault driver has no valid insurance, or the coverage is not enough for the damages, your insurance company may cover the difference between the at-fault driver’s insurance and your needs.

5.  The At-Fault Driver’s Insurance Company Makes A Decision

Once the insurance company of the at-fault driver completes the investigation, your claim will be either approved or denied.

If the insurance company approves your claim, it means they agree to cover your damages. Unfortunately, approval does not always mean fair compensation.

If you find the insurance company’s settlement offer enough to cover your damages, you can accept it and end the settlement process.

If you feel the amount isn’t enough, you can opt to pursue fair compensation through legal action by filing a lawsuit.

If you’re interested in filing a lawsuit, our experienced attorneys at Spar & Bernstein will review your case and determine whether a lawsuit is recommended.

If the insurance company denies your claim, they need to provide valid reasons for their decision.

If your claim is denied, you can:

• Request mediation and meet the insurance company reps in the presence of an unbiased third party, who can help you reach an agreement. In the event of successful mediation, you will be offered compensation for your damages, which will put an end to the settlement process.
• File a lawsuit, seeking higher compensation.

6. You Can File A Lawsuit

If the settlement offered by the insurance company does not correspond to your needs or the insurance company denies your claim, you may seek resolution of your case in court.

This includes filing a car accident lawsuit with the court in the area where your accident took place or where the at-fault driver lives.

Filing a lawsuit does not necessarily mean a settlement cannot be reached outside court. Your attorney may negotiate an out-of-court settlement even after your lawsuit has been filed.

7. You Can Go To Trial

Once you decide to seek compensation for your damages in court, you will present your claim to a jury.  After evidence is presented and witnesses are questioned, the judge will deliver the verdict.

If you disagree with the verdict, you have the right to appeal the judge’s decision.

Navigating a car accident settlement can be complex, but at Spar & Bernstein, our caring attorneys offer both legal expertise and emotional support. We’ll advocate for you every step of the way, always prioritizing your needs and interests.

Factors That Can Delay The Settlement Process

Several factors can contribute to a lengthy and complex settlement process:

1. Questioning Of Liability

If there is not enough evidence about who caused the accident, the insurance company may be reluctant to propose a settlement.

New York is a comparative negligence state, which means the amount of compensation a plaintiff can recover is reduced by their percentage of fault for the accident.

If you contributed to the accident, this could cause further delay, as the insurance company must establish the percentage of your fault and deduct this amount from your compensation.

2. The Number Of Parties Involved

If several parties contributed to the accident and are liable for your injuries, this can complicate your claim. For example, parties may extend to drivers, cyclists, pedestrians, or road construction companies.

3. Eyewitness Statements

If there were multiple eyewitnesses to the accident, gathering and documenting their statements can be time-consuming, often taking several months. Each statement needs thorough documentation, verification, and cross-referencing with other evidence.

These delays are necessary to ensure the accuracy and reliability of the information gathered, which ultimately helps achieve a fair resolution for your claim.

4. Your Recovery Time

If you suffered severe injuries and are expected to undergo further treatment or are uncertain when you can go back to work, determining the final amount for your damages can be postponed.

Once you are fully recovered, your lawyer can claim the entire amount of your recoverable damages.

5. Your Decision To File A Lawsuit

If the insurance company denies your claim or you do not agree with the proposed settlement amount, you may decide to seek compensation in court. This can additionally prolong the settlement process.

A combination of several of the above factors can further prolong the time it takes to get your car accident settlement.

How Spar & Bernstein Can Help With Your Car Accident Settlement

Since 1958, the tenacious team at Spar & Bernstein has represented thousands of motor vehicle accident victims, guiding them through the complicated settlement process and helping them reach the best outcome.

From lacerations and fractures to serious back and neck injuries demanding extensive treatment and costly surgery, our attorneys provided financial, mental and emotional support to our clients.

If you are seeking compensation after a car accident, we will:

• Organize a free initial consultation to get to know your case
• Research the specifics of your case
• Compile the needed documentation and submit your personal injury claim
• Communicate with the insurance companies on your behalf
• Represent you in court, if an out-of-court settlement is not reached
• Contact experts in different spheres to provide critical insights into the causes of the accident and your medical condition
• Collect payment only after your case has been successfully resolved

Key Takeaways On The Process Of A Car Accident Settlement

A car accident settlement can take anywhere between several months and several years.

The length of the process depends on different factors, such as:

• Questioning of liability
• Number of parties involved
• Eyewitness statements
• Your recovery time
• Your decision to file a lawsuit

To reach a settlement:

1. You file a claim with the insurance company of the at-fault driver
2. The accident is investigated
3. Expert consults weigh in
4. The insurance company of the at-fault driver reviews policies
5. The insurance company of the at-fault driver makes a decision
6. You have the option of filing a lawsuit
7. You have the option of going to trial

Our tenacious and compassionate motor vehicle accident attorneys at Spar & Bernstein can help you reach a fair settlement in the shortest possible time frame, so you can focus on recovery.

Disclaimer: attorney advertisement. prior successful results do not guarantee a similar outcome