How Long Does it Take to Settle a Car Accident Claim
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Were you involved in a car accident and you want to know how long does it take to settle a car accident claim? Check out this short video to learn more.
Hey everyone, my name is Barry Zlotowicz and I’m a Chicago personal injury lawyer. Thanks for checking out this video on an important topic that clients ask about all the time.
The reason I wanted to do a video on how long it takes to settle a car accident case is that almost all clients want to know how long there case is going to take to settle – people were hurt and they want their compensation and I get it.
There is no single answer for how long it’s going to take for your case to settle. How long your case is going to take is dependent on a lot of different factors and I’m going to talk about some of those factors in this video
The first thing we deal with that normally does get taken care of pretty quickly is your property damage. This goes quick. You may not get as much as you think your vehicle is worth and that might delay things but otherwise this will get resolved.
Then you’re getting medical treatment – this is the primary reason why it take so long to settle an accident case. Generally speaking, you won’t settle a case while you’re still getting medical treatment. Not always but generally. I had a client involved in a motorcycle accident and he was still undergoing treatment more than 2 years after the accident. In that a lawsuit had to be filed while he was still treating.
Then when you’re done treating need to order your medical records from a lot of different providers. They have tons of requests and it takes a long time to get those medical records and bills sometimes months. And there are more parties to order from than you might think like a radiologist, or the er physician as well as the ER itself. This is just another step and another reason it takes so long to get a settlement in a personal injury case
Then we need to review all the records and bills and put them into a demand package for the insurance company. Who has to review it and then the negotiation process starts. And that can take a long time. This is when clients are usually antsy because there’s a demand out and they want to know how much they’re going to recover.
So let’s say you settle, well, the case is not over. Then we have to negotiate your medical bills down to maximize your recovery. Then and only then can we figure out what you’re going to get out of the settlement and sign releases and get the check cash it let it clear and get you your money. So it’s a long process.
There are a few other times when things my go faster or slower depending on a few factors.
FIRST: your case might go slow or might go super fast depending on how long the statute of limitations is to file a lawsuit in your case? What I mean by that is for example in Illinois we have 2 years from the date of the accident to file the lawsuit or you lose your right to recover for your injuries. That could slow things down if your lawyers doesn’t want to file suit in order to settle your case.
However, in at least one state Tennessee, you only have a year to file a lawsuit after the date of the accident. So to protect the statute of limitations your attorney will have to file a lawsuit and that could speed up the process of things in your case.
You may want your attorney to file a lawsuit and not try to settle your case without it. This does not relate to timing but just FYI, you may want to file suit. Why? Some attorneys feel that filing the lawsuit will maximize the recovery.
Also – generally speaking, an insurance company is not obligated by law to respond to your settlement demand = but they are obligated to respond to a lawsuit.
Another factor in how long your case might take is – how severe are your injuries compared to the size of the insurance policy? Let’s take a hypothetical – you’ve got a million-dollar case but the guy who hit you has a $25,000 insurance policy. Well – that case might settle pretty quick right because the insurance company is just going to offer you the $25k because they know they’re on the hook for it.
Another factor is what insurance company are you dealing with? If it’s a lousy local insurance company who only offers minimum limits insurance policies, generally speaking they are going to be very difficult to deal with. I hate dealing with those companies. It’s hard to get through to their claims adjusters, it takes forever for them to respond and when they do they’ll low ball you and make you file a lawsuit against them.
Finally, before you get too frustrated with the insurance adjuster, just remember this that your case is 1 of a thousand that your insurance adjuster is dealing with. Your case is probably not special or unique to them. So while it’s the most important thing in your life, to them it’s just another file.
Thanks for checking out this video, if you need help please reach out to us at info@legalvlogger.com
My strategy is to wait 90 days after the crash (or retaining the case), and then filing suit. There are too many companies that have first-line adjusters with no authority other than a few thousand dollars.
Filing suit that soon huh? Interesting strategy. Thanks for sharing.
@LawFull Yeah. If I file suit, I get a new adjuster on the case, and maybe some real authority to resolve.
@LawFull Buffalo, NY. Thank you for thingking of me.
Where you out of Jeff? In case I ever get a referral – let me know. Thanks, Barry
My car was parked, the other driver reversed and hit it. 3 employees and me saw it. I stopped the owner. We exchanged papers and I took photos. On the following day I texted the guy. He replied “send me the estimate, but more likely im going through the insurance as that is why I pay them for”. Suddenly, I received an estimate from his insurance company. His insurance company totaled my car and no one contacted me. Days later the bodyshop reached out to me. Now my car is at the bodyshop and storage fees are piling up. Adjuster isn’t moving this case.
Hmmm. I would document in writing via fax to the insurance company what’s going on for starters. ASAP. Tell them the situation. What constitutes a ‘total loss’ may be dependent on what your state law says. So I can’t really comment on that part. But I would act asap to get the insurance company to act. If they don’t respond in 24 hours, call and get the adjuster’s manager’s name and go to her/him.
My case finally settled, thank goodness. From the chiropractor, to the physical therapist, then surgery.
It’s been 7 long months, but I had an excellent attorney.
@REE Buffy3611 oh gotcha. yeah I’m waiting on mine. mulyiple surgeries and permanent disable on my leg and right wrist. got 400k in med bills now. well lets hope we both get what we deserve!!
@DreamScape My accident was 11/1/2019 😕😕, the opposing insurance company took the car and made a payment towards my car (it was brand new but totaled by the other driver) but now I am awaiting personal compensation. Good luck with your case…
@REE Buffy3611 SAAAAME lol october 2019 was my accident stillll waiting for court of appeals
Wow 7 mos? My attorney is dragging..been almost 2 years…congratulations!
@Xtreme power Washing i got my oral argument date next month 24th. if my lawyer wins we can break the policy limit!!! crossing my fingers. i really need this. I’m 27 years old and living with my parents now 🙁 trying to finish college but now i cant take loans out my credit score dropped too low due to having debt go into collections. I’m super nervous
Hi got a question. Several months ago I was in a auto accident. Spend 7 days at the trauma center. With a lot of fracture bone and collapse lung. I also spend 15 days at a rehabilitation. My question is I have a neck brace attached with a body brace. I am wearing it since the accident not able to move the neck. Recently on my follow up with the neurosurgeon,he mentioned.Why am I still wearing the brace ,I said because Iam in a lot of pain on my neck. He didn’t seem happy. He scheduled a second cat scan and MRI . Should I find another doctor? Thank you
Hey JC, that is hard for me to answer. Sounds like you reported pain and he/she is responding with testing – which to me sounds appropriate. But that’s just me…. Do you have an attorney wherever you are at? That is a great question for the attorney you’re working with. If you don’t have a good one, let me know and I can help. Barry
Great video. I like the details. What do u think of medical pay is it worth buying and how much?
I do think so. It costs very little and can come in handy. I personally have 5k in medpay
I’ve been waiting since 5 years now. A commercial truck struck me from the rear while yielding to oncoming traffic
Yes that does happen. Sorry to hear that it is taking so long….
someone i knows rights under the fair claims settlement Practices regulation act are being violated, here’s the details: a man drunk drove through fence taking out the fence plumbing and damging 10 30ft trees as well as a telephone pole, they deny the extent of the damage and are maintaining that the fence is 5ft tall when the fence is 6ft tall, the person now has documentation of them denying the height of the fence height and insurance company refuses to adjust claim to include actual height of the fence its been three months of back and fourth with insurance company, is this case for negligence and purgery? my friend cant afford a lawyer or to fix the damages how should my friend proceed?
What about punitive damages?
Hello I just need some advise on an accident I was involved in an accident on May 2 2021. The other vehicle t-boned me causing my children and I to spin around almost hitting a utility pole. My veichle is totaled my airbags deployed. Also i filed a claim and my adjuster has been great so far paying off my veichle and since I hadlve gap insurance they will cover the rest. I have full coverage on my veichle and I have to return the rental. I just don’t know where to go from here . Also we were taken by ambulance to as well. My adjuster just got in touch with the other insurance agency but my totaled cost for damage was is $15,000 so could you please give me some advise on the next steps to get in getting me another viechle. I would be greatly appreciated.
Thanks
@K-Unique My pleasure. Best of luck to you.
@LawFull Thanks so much you have been a great help
@K-Unique I’ve never heard of Go Auto – but it doesn’t sound good. Sounds like a sub standard insurance company which is not good. I would start documenting your lost earnings and I would also start confirming every communication with them in writing by email or fax if possible. Confirm you’re waiting for them, you’ve lost $1,000 in lost wages b/c your car hasn’t been etc. And you’ll be making a claim for lost wages…..
@LawFull How would you think the other insurance which they have Go Auto would be in getting or paying for me another vehicle. After all this is not my fault and I’m still without a car. If you can help thanks so much because I need legal advise on this. Also about negotiating on total loss for vehicle to as well. Thanks
@K-Unique Ok well I’m glad its coming together. If there is anything else I can do for you let me know.
Why would an attorney charge 55% as opposed to 40% in attorneys/legal/office fees leaving me with only 23.5 % net? I appreciate your assistance.I live in the state of Texas.
Yeah Hi, that is kind of tough for me to know. I’ve never heard of a 55% attorney’s fee. However I practice in Illinois not in Texas so I am not that familiar with their practices down there.
I ve been done treating
2 yrs and 4 months ago
This august makes 3 yrs
For a rear end accident
That the other guy caused
He rear ended me on expressway in a work zone
He was cited
We went to small claims court and won
He admitted on police report that he he tried to slow down
But he couldn’t
It was rainning
So he slid into the back of me
He plead guilty to the citation
To a lesser charge
His insurance is $20,000
When we went to small claims
The judge ruled in his favor
And he has a citation
And plead guilty to a lesser charge
And police report has him admitting fault
@philly pa Oh… Guess I should’ve guessed that. Well I’m sure that’s a huge court system and the delays from covid etc. I’d start with a frank discussion with the attorney about the delay. My guess is that there’s a reasonable explanation. Sorry again… Barry
Philly pa
What jurisdiction are you in? Here in Chicago/Cook County – that would not be irregular.
It’s been 5 yrs since my auto accident here in nyc and haven’t gotten anything much from my lawer..
Is there more I can do on my own to make this move along faster like another lawer???
@Victor Ortiz Very good luck to you Victor.
@LawFull yes your right, there should’ve been a court date by now and according to him he did file a lawsuit about 2yrs into all this so I know definitely should’ve heard something from them by now…
Thank you for your help and information again I really appreciate it, god bless you.
Also too have to think about this pandemic situation witch shut down the courts for a while so maybe that too..
In any case thank you very much again
Well I’m not sure your lawyer would like it. You could document in writing a fax to him or her inquiring about the status of the case and indicating it’s been taking a long time. But I really would not recommend that. I would just get on the phone and express your frustration and try to nail them down on exactly where they are on the case and how long it’s going to take until this case goes to trial. There must be a trial date set at this point.
@LawFull thank you for the reply and info again, but is there anything I can do on my end either to make my lawer move more or anything to find out more on my case?
@Victor Ortiz Hi, yes it could be that its a commercial insurance policy which often = more money available…..
I was rear-ended by a drunk driver 5 months ago and currently still doing therapy…Will insurance (progressive) give me a settlement while I’m still treating? Or do they wait until treatment is over?
@K. AL Hi, sure I know someone in Michigan I can refer you too. Please reach out to me here and we can make an introduction https://www.chicagolegalgroup.com/need-advice/
@LawFull thanks…I live in Michigan
You are definitely going to want to wait to settle that case. There’s no way to know how much the case is worth until all the medical treatment is done and you’re fully recovered. And if you have an injury as you might want to consider talking to an attorney. If you tell me where you are located I can probably direct you to somebody that I know.
Interesting thanks for the in fo..
Thanks
question simply for a subjective response: do you think it’s fair how the system works regarding policy limits?
i honestly think something needs to be done to change it.
example:
if your client has $500,000 in med bills and possibly lost everything he/she had in their life.
but the policy limit was $50,000 so breaching that $50,000 will still be difficult to do. is that fair? the other person is at fault and ruined your client’s life. i believe your client deserves happiness. that cannot be obtained if they only recieve $50,000. i know money doesn’t grow on trees, but some sort of justice MUST be served here.
@DreamScape Thanks very much!
@LawFull of course! I’ll be more than happy to help
Dreamscape, I wanted to ask you a favor. Never done this before. But would you be open to leaving a Google review for my law firm? Perhaps just mentioned we talked on the YT channel about motorcycle accidents. Nothing big. No pressure of course. Just thought I’d ask since we’ve had a good convo and I could use a little help in this regard. Thanks, Barry https://g.page/chicago-legal-group/review?rc
@LawFull yes i agree, I’m glad i got UM. haha
No I think it’s lousy. There is only 1 way to protect yourself and I tell people over and over and over again – get as much uninsured and underinsured motorist coverage as possible. That’s the only thing you can do….
What can i do when an insurance company tries to pay me less on an estimate?
@LawFull thank you for your response i really appreciate it
@LawFull no problem, i will just asked them to come get my car let them go fix it themselves at the place they got their price from because that option is on the table.
Do you need their trying to pay you less money than the appraisal or estimate for repairs calls for? If so that’s an unusual situation that I’m not familiar with. What is their justification for doing this?
I just got into an accident last night and I was making a right at a light and the traffic was pretty backed up. All of a sudden a huge truck smacked me in the back and caused my car to get slammed forward like 4 feet hitting the car in front of me and then that car tapping the car in front of them. My body is sore and I think I should go to the doctors office to get checked. What would happen in this situation since the guy who hit me was clearly at fault for the whole incident. Don’t want my rates to go up and I need to get my case resolved to solve my car damages since it was an already old car on its way out.
Morning. Forget about your rates – focus on your health. Report the claim to their insurance and your own and let the process play out. If you find you’re in real pain let me know and I can recommend an attorney.
I was in a car accident back in April and couldn’t tryout for soccer, my dad said he submitted a letter to the lawyer and can take up to 30 days for them to submit and up to 30 days for the financers to give us the money after that, and for the case to be over, is this true?
You’re right. Thanks
@LawFull pretty sure the kids not sure of the terms either, not many layperson are familiar with legal nomenclature.
Hi, I’m not exactly sure about the terms you’re using but generally speaking, if you’re asking if it can take a lawyer and insurance company 30 and 60 days to respond, then sure…. Sometimes much longer.
When there is an liability denial stating claimant is at fault. So, does insurance send any correspondence to claimant regarding liability denial?
If I understand the question, then yes, normally, if you’re claim is denied, the insurance company would send you a denial letter.
I had a accident in October 2017, (rear ended ) I just heard from my attorney this month that the insurance company want to honor the policyholder policy they offered a low ball offer. My questions is what’s the time frame .
Good morning I’m not sure what you mean what do you mean that they want to honor the policyholder policy?
He just said the person that hit me insurance company said they would honor the their clients 25 thousands policy.
@Jean Moore Oh, ok. So the insurance company is going to ‘tender’ or offer the entire insurance policy. So now your attorney will negotiate any medical bills or liens you have. And you’ll have to sign a release form. I did a video on the ‘closing process’ that you might want to check out: https://www.youtube.com/watch?v=hzsbbZyKLCM&t=32s