Car accident victims have a common question. How long does it take to get a settlement check in an average car accident case? Or “why is my settlement taking so long?”
The reason you are asking how long it will take the insurance company to pay you is obvious. You want to put your car crash – which was likely very traumatic – behind you, right? You also want to get as much money as you can as quickly as you can.
What Has to Happen Before a Car Accident Settlement Offer?
Before getting an initial offer, the critical first step to getting a car accident settlement check, three things must happen:
- Treatment is completed or the patient is at maximum medical improvement. The timeline on this is anywhere from 1 day to years.
- All of the medical records and bills must be obtained along with any doctor’s reports for future lost wages and medical bills. The timetable on this varies with the volume of medical records and reports that must be collected and the range is between days and months.
- Getting a response to the demand package. This takes between 15 and 90 days. (We look at all the major insurance companies and take a look at the average time of how long they take to respond.)
Let’s take a deeper look at the three key variables to how long your case will take until your case reaches the settlement stage so you can get a better idea of what to expect in your case.
Treatment Is Finished or at Maximum Medical Improvement
First, the client has to either (1) fully recover and need no further treatment, or (2) reach maximum medical improvement. This means that while the client may need additional treatment, this is as good of a recovery as the client is likely to get.
Alternatively, if future surgery or other medical procedures have not yet been performed, an accident lawyer can ask a doctor to give an estimate of what the costs of the future surgery/procedure will cost.
This is often the biggest reason there is a delay in settling a serious injury claim. The solution? The key is getting the doctors — at this point, we know so many of them — to write a report that will allow you to claim your future expenses that are reasonably anticipated.
- New video that explains how long you can expect the insurance company to offer you a compensation payout in your injury claim
- How much money can you expect for a first offer? Take a look at a few insurance companies, starting with Allstate.
- The value of your accident case: connect the data to your case to help you figure out what your case’s settlement value might be.
All of the Clients’ Medical Bills and Records Have Been Obtained
What makes personal injury cases settle as quickly as they possibly can? Lawyers and paralegals working hard.
If a case is going to be settled fast without a lawsuit for top value, a car accident lawyer will need to obtain all of the medical records and bills for the client. At our law firm and many personal injury firms, it is the lawyer’s job to collect the medical bills and records.
Medical records are essential. Settlement before a lawsuit in an accident claim is going to be based almost exclusively on the victim’s medical records. How these records reflect the injuries is – at this stage of the game – the most important variable the insurance companies use to determine value.
Are the records enough? It depends. In most cases, the doctor’s critical opinions are contained in the four corners of the medical records. In others, we need the doctors, as we discussed above, to offer opinions on future medical care or to clarify ambiguity in the medical records.
- The next most asked question is how long after a demand letter can you expect to receive an insurance settlement check?
- Example demand letters: sample demand letters in different types of personal injury cases that maximize the value of the claims.
The Demand Package: Waiting for a Response
After a settlement demand is sent with the relevant medical bills and records and other information necessary to resolve the claim, it takes the insurance company time to evaluate the claim. Most injury claims should not take more than three weeks. But it often does. Your accident lawyer needs to be following up with the insurance company to keep your case at the front of the line.
What if your case settles? You do not have an insurance settlement check yet. Your accident lawyer needs to push the ball forward as quickly as possible to get your money to you as soon as possible. Some insurance companies drag their feet after a car accident settlement has been effectuated.
The best lawyers stay on top of the insurance company to expedite you getting your settlement check as soon as possible. Our firm knows our clients want to get their money quickly. So we push them to get out the insurance check immediately.
Some victims often ask us how long the insurance company has to respond after a bodily injury demand letter in a car wreck case. In most states, there is no rule requiring the insurance company to respond at all. There are not many duties owed by an insurance company to you if you are not their insured. Their primary goal is to pay you as little as possible. There is no obligation for them to be fair with you.
Before we leave this topic, there is one more thing you should know. If you have gotten this far in this article, you want to settle your case quickly. But in the average serious injury case, you need to file a lawsuit to maximize the value of your case.
You do not have to file a lawsuit. Sometimes lawyers do not understand the client’s need to get their money quickly.
But, if you do settle early, you may be leaving money on the table. When our attorneys file a lawsuit, it often results in a later offer that is many times more than the pre-suit settlement offer. The muscle of a lawsuit puts fear into insurance companies. This muscle often gets them to pay far more settlement money than they would have considered before suit was filed.
How Long Does a Car Accident Lawsuit Take?
Now we are talking about a car accident lawsuit instead of a settlement.
If a lawsuit has been filed for your insurance claim, your personal injury case can settle at any time. There are a few common natural inflection points for settlement that how better answer the “how long?” questions.
The best time to settle is often right after the lawsuit has been filed. The insurance company now knows you are serious. With many insurers, this can often lead to an immediate and meaningful increase in the offer (GEICO, Nationwide. Liberty Mutual, and Progressive come to mind more than State Farm and Allstate).
The second inflection point is at the pre-trial conference after the discovery phase of the litigation is over (or at a private mediation).
The third time that is ripe for a settlement is the literal courthouse steps. Insurance companies are at their most reasonable when a trial is imminent. Again, a case can settle at any point but these are the three most common post-lawsuit settlement opportunities.
Why Is My Car Accident Settlement Taking So Long?
When victims ask why their call accident settlement is taking so long, they are often implicitly asking if their car accident lawyer’s neglect is the reason for the delay. The answer? Maybe. There are bottlenecks in the settlement process that no amount of hustle can speed up. So it may be there is nothing your accident lawyer can do because the attorneys is waiting on medical records or waiting for the insurance company to respond. But there is no question that the delay is often the result of a plaintiff’s lawyer who is not staying on top of the case.
How do you find out why your case is taking so long? Communication. Call you lawyer and ask specific questions about why there is a delay.
Getting the Right Lawyer
Experienced counsel can help you to get the money you deserve for your injuries. We believe our attorneys are the best accident lawyers in Maryland. Miller & Zois’ lawyers work to get you a quick settlement while still making sure the details are all in place to get you the best settlement possible.
Our lawyers have the experience to shorten the time to settlement by putting your case on the right track from the beginning. We stand up to the insurance companies to fight for fair compensation for the victims of car accidents, truck accidents, and motorcycle accidents.
If you have been injured in an auto accident get a free online consultation or call 800-553-8082 for a free consultation.
More Resources
- 8 Mistakes You Make on Your Own: what the insurance companies do to take advantage of you
- An example of how insurance companies do this
- Settlement Formula: is there a settlement formula in car and truck accident cases?
- Is My Settlement Taxable? The short answer is that the settlement is not taxable in personal injury cases. The longer answer is slightly more complicated.
- Settle or Go to the Jury? for those of you struggling to decide whether to take your case to a jury or get the best settlement that you can, here are some thoughts and some statistics on settlement offers and verdicts that may or may not help
As an experienced legal professional with a focus on personal injury cases, I bring extensive knowledge and expertise to the discussion of the factors influencing the timeline for car accident settlements. My involvement in numerous cases has provided me with firsthand insights into the intricacies of the legal process, insurance company practices, and the critical elements affecting the resolution of such claims.
Now, let's delve into the key concepts covered in the article:
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Completion of Treatment or Maximum Medical Improvement:
- Before a settlement offer is made, the injured party must either fully recover or reach maximum medical improvement.
- Delays may occur if future medical procedures are anticipated, requiring estimates of associated costs.
- Obtaining reports from doctors regarding potential future expenses is crucial to addressing delays in serious injury claims.
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Acquisition of Medical Records and Bills:
- Swift settlement relies on the diligent efforts of lawyers and paralegals to collect all medical records and bills.
- The value of a settlement before a lawsuit is often determined by the victim's medical records, emphasizing their significance.
- Doctor opinions may be necessary to clarify ambiguities or provide insights into future medical care.
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Response to the Demand Package:
- After sending a settlement demand with relevant medical documentation, the insurance company evaluates the claim.
- The timeframe for a response varies but should ideally be within three weeks.
- Persistent follow-up by the accident lawyer is crucial to maintaining the momentum and expediting the process.
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Settlement Opportunities in a Lawsuit:
- If a lawsuit is filed, settlement can occur at different points, with some optimal times for negotiation.
- Inflection points include right after filing, during the pre-trial conference, and at the courthouse steps.
- Filing a lawsuit can sometimes result in significantly higher settlement offers, as it instills a sense of seriousness and urgency in the insurance company.
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Reasons for Delays:
- Delays in settlement may result from various factors, including waiting for medical records or insurance company responses.
- Effective communication with the lawyer is essential for understanding the specific reasons behind delays.
- The attorney's role is critical in navigating bottlenecks and ensuring a proactive approach to case resolution.
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Choosing the Right Lawyer:
- Experienced counsel can play a crucial role in expediting the settlement process.
- The article emphasizes the importance of selecting a lawyer who combines efficiency with attention to detail to secure the best possible outcome.
- Effective communication between the client and the lawyer is highlighted as a key factor in addressing concerns and understanding the status of the case.
In conclusion, a comprehensive understanding of these factors is essential for anyone navigating the complexities of a car accident settlement, and seeking the guidance of an experienced attorney can significantly impact the outcome of the case.
