Why did your neighbour’s car accident claim settle in 3 months, but it’s taking yours over a year?
You’re not alone.
No two car accident cases are exactly alike. Some cases can take a matter of weeks. Others take years.
Here’s the truth:
There are certain reasons why some claims take longer than others. When you know them, you will understand what to expect with your own claim.
Let’s break it down…
Here’s what’s inside:
- Why Settlement Times Vary So Much
- The Top Factors That Slow Down A Car Accident Lawsuit
- What You Can Do To Speed Things Up
- When It’s Time To Get Legal Help
Why Settlement Times Vary So Much
Not all car accident claims are created equal.
Some accidents are straightforward: two cars, obvious fault, minor injuries. Some involve many vehicles, contested fault and injuries that take months (if not years) to recover from.
Industry statistics reveal that it takes about 11.4 months on average to resolve a personal injury claim. However, averages can be misleading.
Simple claims with little injuries can resolve in 3-6 months. Complex claims with major injuries or contested issues can take 1-2 years or more to settle.
Attorney negotiations can greatly impact how quickly your car accident lawsuit settles. If you were involved in a serious collision in Texas, having a seasoned legal team like this Houston car accident law firm on your side can help move your car accident claim along without sacrificing value.
Let’s look at the biggest reasons why some cases take longer than others.
The Top Factors That Slow Down A Car Accident Lawsuit
Every case is different with different moving parts. However, 5 things consistently delay cases. If your case involves any of the below, it will take longer.
Severity Of Your Injuries
The heart of every car accident claim is the injury.
Typically, the more severe your injuries are the longer your settlement will take. The reason being is your attorney must wait until you’ve reached maximum medical improvement to accurately value your claim.
Think about it:
By settling early, before you understand the full extent of your injuries, you could be waiving your right to receive compensation for:
- Future medical treatment
- Ongoing physical therapy
- Long-term care needs
- Loss of earning capacity
Minor injuries such as whiplash may only require weeks of treatment. Severe injuries may need months (or even years) of care.
The longer your treatment takes, the longer your settlement will take.
Disputed Fault Or Liability
Cases with clear fault settle faster.
If you got rear-ended at a red light and it supports the police report, the insurance company has very little leverage. Settlement talks proceed swiftly.
But if fault is disputed… things get messy.
The insurance company will try to place as much blame on you as possible. If they can prove that you were even 1% at fault your settlement could be decreased substantially. Don’t be surprised if they drag their feet for:
- Accident reconstruction reports
- Witness interviews
- Traffic camera footage
- Expert testimony
Disputed fault cases can add months to the timeline.
Multiple Parties Involved
More cars = more delays.
Multi-vehicle accidents bring many insurance companies, many drivers and many groups of attorneys into play. Everyone has their own perspective of what occurred. Everyone has their own agendas to meet.
This becomes even more complex when a commercial vehicle (truck, delivery van, etc.) is involved. Commercial claims take longer because more is at stake.
Insurance Company Delay Tactics
Here’s something insurance companies don’t want you to know…
They drag their feet on purpose. They delay claims. Ask for mountains of paperwork. Low-ball you hoping you’ll accept less. They do this deliberately and repeatedly, particularly when they know you’re in a hurry for the money.
Industry studies show that 73% of unrepresented claimants settle with the insurance company’s first offer when it’s 40-60% lower than fair market value.
That is what having a lawyer is for. Insurance companies go from zero resistance to suddenly playing ball when a lawyer enters the picture. In fact, claimants who hire an attorney are awarded 3.5 times higher settlements than those who go it alone.
Filing An Actual Lawsuit
Most car accident claims settle out of court.
Sometimes negotiations break down and you find yourself having to file a real lawsuit. This can add 1-3 years onto the timeline due to:
- The discovery process
- Depositions
- Mediation
- Court schedules
- Possible trial
Approximately 5% of personal injury cases ever get to trial verdict. The majority settle beforehand. But just filing can force the insurance company to treat you fairly.
What You Can Do To Speed Things Up
Now for the good part.
There are some things out of your control when it comes to how fast your car accident lawsuit will move forward, but here’s what you can do to ensure it goes as fast as possible:
- Seek medical attention immediately – your paper trail begins with documented injuries
- Keep every receipt and record – medical bills, repair estimates, missed work days
- Don’t make recorded statements to insurance adjusters – they will use it against you
- Retain counsel – get an experienced lawyer involved as soon as possible
- Answer your attorney’s questions promptly – wait time is your time wasted
Being organised and proactive makes a difference.
When It’s Time To Get Legal Help
Not every claim needs a lawyer.
Sure, if you were rear-ended at a stoplight with no serious damage or injuries it’s probably ok to handle the claim on your own. However, if any of the following scenarios apply to you, you should consider consulting an attorney:
- Your injuries are serious or long-term
- Fault is disputed
- The insurance company is dragging their feet
- You’re being offered less than your medical bills
- Multiple parties are involved
They will file the paperwork and deal with the insurance company and battle for the settlement you deserve. And most lawyers work on contingency, so if you don’t get paid they don’t get paid.
The Bottom Line
Every auto accident claim is unique. They can take anywhere from a couple weeks to a couple years.
The biggest factors that slow things down are:
- The severity of your injuries
- Disputed fault
- Multiple parties involved
- Insurance company delay tactics
- Whether a formal lawsuit gets filed
Don’t worry if your case has been lingering longer than anticipated. It just means there are more moving parts.
Take care of yourself, stay organised, and let your legal team handle the legwork.
Settlement speed is a nice goal. But frankly the real focus is reaching a fair settlement.
