Over the years, the team at Alex Yadgarov & Associates has had the privilege of working with many clients as their accident lawyer in New York. During the process, one of the most common questions directed to us is, “How long will the claim take to settle?” Unfortunately, there is no clear answer to this question. While some car accident claims can be resolved in a couple of months, some can take a lot longer to settle. In this post, we will explain how long car accident claims typically take to settle, what causes the delays, and what you can do to expedite the process and protect your rights.
How Long Does a Car Accident Claim Usually Take to Settle in NYC?
In New York, most car accident claims take between six months and two years to settle. When the damages are minor, fault is clear, and compensation is not disputed, the claim can be resolved within 3 to 6 months. However, when cases involve severe injuries, complex issues of liability, and the involvement of multiple parties and the government, the case can drag for 2 to 4 years. The exact timeline should be looked at on a case-by-case basis.
What Factors Determine How Long a Car Accident Claim Takes?
As mentioned above, each case operates on its own timeline. Here are some of the factors that influence how quickly your car accident claim progresses:
- Severity of injuries – Claims with relatively minor injuries are settled in a few months, while claims with more serious injuries will take longer to settle. This is because it takes longer for the patient to reach the stage of Maximum Medical Improvement (MMI).
- Clarity of liability – When fault is undisputed, the claim can be processed quicker. However, when multiple parties are involved and fault is uncertain, insurers will require time to review the evidence and present an offer of settlement.
- Quality of evidence – When the necessary evidence is properly presented, the insurance company immediately reviews it and processes the claim. However, if they deem the evidence lacking, they can request additional evidence, which will take time to produce and process.
- Insurance company corporation – While some insurance companies are quick to review and process claims, others can delay the process by requesting additional documents or outright challenging the claim.
- Willingness to compromise – Sometimes, compromises are necessary to further negotiations. If neither party is unwilling to compromise, the deadlock can delay the final settlement.
What Can Delay a Car Accident Settlement in NYC?
Here are some of the most common reasons for delays in car accident settlements in NYC:
- Complications with medical treatments and records
- Dealing with multiple parties
- Investigations and evidence collection
- Incomplete documentation and lack of evidence
- Disputed liability
- Administrative and internal processing delays
- Insurance delay tactics
Does Filing a Lawsuit Mean Your Case Will Take Longer?
If negotiations with the insurance company do not produce a fair settlement, the victims may be required to take the matter to court. However, as your accident lawyer in NYC, we must point out that the litigation process involves steps such as discovery, depositions, and a potential trial. Together, these can add a significant amount of time to the overall timeline. Keep in mind that going to court should be a measure of last resort.
However, it is also possible that the threat of litigation can force the insurance company to come to a settlement. If that happens, the case can be settled before the full litigation process takes place. As such, the delay will be minimal.
Should You Accept the First Settlement Offer?
An insurance company will be quick to offer a settlement. While this can seem tempting, the offer should be taken with a grain of salt. If the offer accurately reflects the damages you’ve suffered, then you should take it. But the general rule of thumb with the first settlement offer is that the value presented is far less than what your claim is actually worth. That being the case, it is important you know what your case is worth before you consider the offer.
Conclusion
While all car accidents are different, understanding the factors that influence the timeline can help you set realistic expectations and make informed decisions. If you’ve been injured in a NYC car accident, you don’t need to navigate the claims process alone. The team at Alex Yadgarov & Associates is here to help. We specialize in handling car accident cases. Our team will work tirelessly to build your case and get you the compensation you deserve. Contact us today and schedule your free consultation.
