When you’re involved in a car accident, the aftermath can be overwhelming. Beyond the immediate medical and repair needs, you’re likely to have questions about filing a claim to seek compensation for damages, harms and losses. One of the most common questions for clients at Dan Chapman and Associates, LLC, is how long it takes to settle a car crash claim. The answer depends on a variety of factors, including the complexity of the case, any disputes on liability, the insurance company’s processes, and the extent of injuries or damages involved. This article breaks down the stages of a car crash claim process to help you understand what to expect.
Understanding the Car Crash Claim Process
The process of pursuing a car crash claim typically involves several stages. Each phase requires specific actions and can vary in length, depending on the case details, and whether the claim is settled before suit, or if a suit has to be filed and the case is resolved in a court.
Step 1: Reporting the Accident and Filing a Claim
Immediately following a car accident, the first step is to report the accident to your insurance company and the other driver’s insurance company. This initial phase involves gathering essential information about the accident, including:
- Accident details – Date, time, and location of the crash.
- Injury and damage documentation – Medical reports, pictures of damaged cars and injuries and repair estimates.
- Police report – This is crucial for backing up your claim.
- Witness Information – The name and phone number of any eyewitnesses.
This phase can typically be completed within a few days if all necessary information is available. The faster you provide accurate documentation, the sooner your insurer can begin reviewing your claim. You can report the claim on your own, but it is better if you consult with, and better yet hire, an experienced lawyer before you report the claims. Insurance companies are for profit businesses. Although they may sound nice and helpful on the phone, they are adverse to you and want to save money. If they can get you to say something innocently that can be used against you later to decrease the value of your claim, they will use the recording of your call to lower the amount of money they offer on your claim.
Step 2: Investigating the Accident
Once your claim is filed, your insurer will launch an investigation to determine who was at fault and assess the extent of the damages. If you owned the vehicle that was damaged, you will have a property damage claim. If you were injured, you will have a separate injury claim. This process involves reviewing police reports, witness statements, medical records, and sometimes even accident reconstruction.
The investigation stage can take several weeks to several months. Minor accidents with clear-cut liability and minimal damages are often resolved quickly. However, complex cases, such as those involving severe injuries or multiple parties, may take longer to investigate. In Georgia, the law allows you to settle your property damage claim and you can keep your injury claim open.
Step 3: Evaluating Damages and Medical Treatment
A critical factor in the timeline of a car crash claim is the evaluation of medical treatment and the calculation of damages. In cases with serious injuries, your lawyer may recommend waiting until you’ve reached maximum medical improvement (MMI) before settling. MMI is the stage where your injuries have stabilized, and your medical providers can give a realistic outlook on future treatment needs and long-term effects. Settling before reaching MMI could mean you end up with inadequate compensation for future medical expenses.
The medical evaluation stage can extend the process by several months, depending on the severity of the injuries and recovery time. This is where car crash claim lawyers, such as those at Dan Chapman and Associates, LLC, play a crucial role in ensuring that all medical costs are factored into the claim.
Factors That Affect the Length of a Car Crash Claim
Several factors influence the duration of a car crash claim, and understanding them can help manage expectations and prepare you for the road ahead.
1. Severity of Injuries and Damages
Claims involving significant injuries and extensive property damage often require more time to resolve. Severe injuries not only extend medical treatment timelines but may also lead to higher compensation demands, which insurance companies may be reluctant to settle quickly.
2. Liability Disputes
In some cases, it may not be immediately clear who is at fault. When both parties dispute liability, the claim may take longer to resolve as the insurance companies work to prove fault through investigations and, if necessary, legal proceedings. This can make the car crash claim process significantly longer. This is another reason to hire an experienced attorney early on. The attorney can help find witnesses and evidence that can help prove the other driver was at fault. The longer you wait to hire an attorney, the higher the chance valuable evidence disappears.
3. Insurance Company Cooperation
The insurance company handling the claim can also impact the timeline. Some insurers aim to settle claims swiftly, while most use delay tactics to reduce payout amounts. To an insurance company, a fast settlement is best because it will be a cheap settlement. The longer they wait to settle, the more chance the injured person has to realize how bad they are really injured. What is believed to be “whiplash” early on, may later turn out to be a disc herniation in the spine, and the settlement value of those two injuries can be many thousands of dollars difference. At the Law Firm of Dan Chapman and Associates, LLC, we can help evaluate injury claims and can prevent a person for settling for a few thousand dollars when the claim is worth several hundred thousand dollars.
4. Negotiation Process
If the initial settlement offer from the insurance company is insufficient to fully compensate you, an experienced injury lawyer is trained in negotiation to secure more compensation for a fair settlement. Each round of negotiation can add days or weeks to the timeline, depending on the insurer’s response time. If negotiations stall, your lawyer may recommend filing suit and taking the claim to court, which can further extend the process.
5. Litigation Timeline
If a fair settlement cannot be reached, filing a lawsuit may be necessary. At Dan Chapman & Associates, we always try to reach a fair settlement before filing suit. Filing a lawsuit means higher stress for the client, higher costs for the client, higher risks for the client and time delay for the client, but if the top settlement offer is unfair and unreasonable, we will inform the client of our recommendation to file suit and give the client all they need to make an informed decision that is right for them. Once in court, the case timeline becomes dependent on the court’s schedule, which can add months or even years to the claim process. However, only a small percentage of car crash claims end up in court, as most are resolved through settlement negotiations. Even cases that end up in litigation, often settle before a jury trial.
Typical Timeline for a Car Crash Claim
While there is no one-size-fits-all answer to how long a car crash claim takes, the following is a general estimate based on the type of case:
- Minor Accidents with Clear Liability – Cases with minimal injuries and clear fault can often be resolved in one to three months.
- Moderate Injury Cases with Clear Liability – For cases with moderate injuries that still have clear liability, the process may take three to six months.
- Complex Cases or Disputed Liability – Claims involving significant injuries, disputed liability, or multiple parties may extend from six months to over a year.
- Cases Going to Court – If the case goes to trial, it can take several years from start to finish, depending on the court’s schedule and the complexity of the case.
How a Car Crash Claim Lawyer Can Help Speed Up the Process
One of the most effective ways to navigate the car crash claim process efficiently is by working with an experienced injury lawyer. At Dan Chapman and Associates, LLC we understand the complexities of car crash claims. We are not a one stop firm for all legal matters. We do not practice criminal law, divorce law, bankruptcy law, real estate law or anything other than injury law. Some of our lawyers even worked as insurance company lawyers before they changed sides to help injured people. Day in and day out, we work on injury claims, and have the time tested experience in collecting evidence, negotiating with insurance companies and trying injury cases in front of a jury when the need arises.
How a Lawyer Helps Accelerate Your Claim
- Efficient Communication – Experienced lawyers communicate effectively with insurance companies and streamline the information exchange process to avoid delays.
- Accurate Documentation – Ensuring that all documents are correctly filed and deadlines are met without delays.
- Strategic Negotiation – A lawyer will negotiate assertively on your behalf to reach a fair settlement as quickly as possible.
- Court Representation – If your case goes to trial, a knowledgeable lawyer will handle all aspects of the litigation, from filings to court appearances, so you can focus on recovery.
What Can You Do to Help Speed Up the Process?
While much of the claim timeline depends on factors outside your control, there are steps you can take to prevent delays:
- Hire An Experienced Injury Lawyer – All lawyers are not the same. Would you go to an orthopedic doctor if you had a heart condition? Obviously, the answer is no and you would go see a cardiologist who specializes in the heart, rather than bones and joints. Likewise, why would you hire a lawyer who handles a lot of criminal cases to help with an injury case?
- Document Everything – Keep thorough records of medical visits, accident-related expenses, and communications with insurance companies.
- Respond Promptly – Respond to your lawyer’s requests for information as quickly as possible to prevent backlogs.
- Stay Patient – While it’s natural to want the process to conclude quickly, remember that rushing can lead to a less favorable outcome. Trust that your legal team is working toward the best possible resolution.
Conclusion
Understanding the car crash claim process and its potential duration can help ease anxiety as you work toward a resolution. While minor claims may resolve quickly, more complex cases may take longer to settle, especially if there are disputed issues or serious injuries involved. Working with the experienced injury lawyers at Dan Chapman and Associates, LLC can be crucial in accelerating the claims process and ensuring you receive fair and full compensation for your injuries, harms and losses. Remember, every case is unique, and it’s essential to focus on reaching a fair and just outcome, rather than simply rushing to the finish line.
