How Long a Car Accident Claim Takes, Stage by Stage

How Long an Auto Accident Claim Takes, Stage by Stage

A car accident claim moves through stages that can take months or longer. The vehicle damage part often resolves within weeks, while the injury claim usually waits until treatment has run its course. A car accident attorney can explain where a given claim stands, though every claim is different.

The first hours and days

Getting medical care comes first, even if injuries seem minor at the scene, and records from that first visit often become important evidence. Responding officers usually prepare a crash report, and the report number is used to request a copy. Most policies require prompt notice of a crash to the policyholder's own insurer, even if the other driver was at fault. Photos of the vehicles, the scene and any visible injuries are easiest to take early, and dashcam files should be saved before they are recorded over.

The first weeks

The vehicle is repaired or declared a total loss, and the insurer pays for repairs or the actual cash value. Diminished value may be claimed in some states. An adjuster from the other driver's insurer may ask for a recorded statement or offer an early settlement. Many people consult a car accident attorney at this point, before a release is signed. A preservation letter can ask that video and event data recorder (EDR) data be kept.

Medical treatment and the demand

While treatment continues, medical records and bills are gathered, together with proof of missed work. Claims are often not valued until the injured person reaches maximum medical improvement, the point when doctors can describe the long-term outlook. A car crash attorney then sends the insurer a https://caraccidentlawyers.wiki/geography/united-states/georgia/metro-atlanta/alpharetta/ demand package with the medical records and bills plus a damages summary. In some states, time-limited settlement demands must follow statutory rules.

Why timing matters for a settlement

Once a release is signed, the claim is usually over for good, including future medical costs connected to the crash. When a doctor expects surgery or ongoing care, those future costs are usually estimated before a demand goes out. The treating doctor's written opinion can document them, and in serious cases a life care plan may be prepared. An early settlement can leave those costs uncovered, while waiting too long risks missing the filing deadline.

If the claim does not settle

The adjuster may accept, reject or counter the demand. If the claim does not resolve, the next step is usually a lawsuit, which has to be filed before the statute of limitations runs. Each state sets its own deadline, and claims against government agencies can require written notice much sooner. In discovery, the parties exchange written interrogatories and documents and take depositions, and the defense may ask for an independent medical examination. Many courts require mediation before trial, and most cases resolve by settlement rather than verdict.

Settlement and closing

A settlement usually requires a signed release. Before money is distributed, liens from health plans, Medicare or Medicaid may need to be resolved, and in many states a settlement for a minor requires court approval. A motor vehicle accident attorney should provide a written closing statement showing the fee, the costs and the net amount. This is general information and not legal advice, and it cannot predict how long a particular claim will take.