How Long Does it Take to Settle a Car Accident Claim

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.

[ria]

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.

[joylitz]

I am here because I wanted to have an idea how long the payout takes because I got bills to pay and I’m so glad I came across this video., , I got rear ended and I hope I’ll get compensated asap

[kellyyork]

Report the slow insurance company for bad faith to the insurance commissioner.

[-Pleb-]

After 4 years of treating my case is ready for trial next month and Defense recently contacted my attorney wanting to negotiate a settlement. They made an offer 2 years ago but my injuries are severe for the amount of compensation they offered. Try to have patience get treatment and great legal counsel for a more positive outcome..Good Luck

[irishman]

I was in an accident August of last year. The other person ran a red light and I t-boned her at 50mph totalling my car. It messed up my spinal cord stimulator and I had to have surgery to replace it. I also got a herniated disc in my cervical spine requiring surgery. There are multiple other spinal disc bulges. I'm still waiting to hear from her insurance Co. I've learned I just have to be patient.

[caremotor]

It shouldn't take so long if theres video proof and injuries to my lower back and neck so inresponsible that the state of texas allows this insurances and lawyers to play games with the people who needs a new car and payment for pain and suffering we should all complain to change this methods of the insurance companies who are fault

[jeffmarionpersonalinjuryla]

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.

[aarondixon]

my car has been stolen and burned how long with the insurance company take for settlement payout and what I need to do because they kept telling me I need to pay the insurance on a car that I don't have?

[DkBunta]

I had a car accident since Sep/28/2022. I lost the car because I can't go to any jobs and pay my bills, so my car was took from the dealership. I change 2 attorneys because I ended up my medical treatment in 2 months. And now I have another attorney since February and file a Lawsuit. The case was evaluated it and says that I don't have the fault. My attorney is saying that is gonna take too long because the other insurance company didn't want to answer the Lawsuit. I'm loosing jobs oportunities just because I have no car to move on and money to spent on uber or lyft. How long more did I need to wait???

[ianwimberly]

I was in a accident this past Friday and I was rear ended I went to the ER and received two shots and they took x-rays I want to settle my accident claim without an attorney what steps do you advise

[KamalTiwari]

I was involved in a car accident in Nov 2019, so far I received an offer which was a little over £3K in March 2020, following my rejection of that offer the insurance company hasn’t come back to me with another offer because we are pursuing the medical side at the moment. My personal injury insurer is Admiral law.

[cryhill]

Great info, thanks for your time on making it.

[allthingshiphop]

If a hosptial put a lien on a medical bill does this mean the money goes straight to them when a check is written from insurance co? or do I pay after I get the check? So example. Hospital bill is $10k, Do they get the money from the insurance right away?

[harrodmuk]

I got in accident in October of 2022, i got a back injury bulging disc went to treatment had a MRI done. I had to stop treatment due to having to get a new job and my new schedule was conflicted . I closed my case April 6 2023. I just received a letter 4/28/23 that my attorney dropped my case due to lack of coverage. I don't know what to do at this point moving forward. I'm located Jacksonville Florida.

[LaToyaStapleton]

It took me 4 years they now settled thank God I get so tired

[kellyyork]

They do have 60 days to respond to a demand letter in states in the SE.

[davidzdenek]

I was rear-ended by an 18 wheeler 4 year's ago, my back was broken in 2 places and I went through 2 injections in my neck under anesthesia and a spinal fusion surgery earlier this year. I had to push my lawyer on everything, and I got the medical treatment as fast as I could get the lawyer to put the money up. I have been suffering with moderately severe back pain and the pain is still a major factor in my everyday life. I'm still hurting but in the interest of getting my finances in order to and pay some out of pocket expenses. I asked my Dr to release me but reintegrated the back pain was still an issue, but he said I was probably going to be as good as I can get. I've been calling My lawyer who will not answer or return my phone calls and they told me that I needed to get a loan for my treatment but it was at 30%> it's been 4 year's and I just need to settle this and get on with my life. I don't want to do it that would harm or jeopardize my case, or relationship with the lawfirms, but I don't know what I should do next.

[merriannemitchell]

I've been waiting since 5 years now. A commercial truck struck me from the rear while yielding to oncoming traffic

[AlexRodriguez-npxx]

Great video. I like the details. What do u think of medical pay is it worth buying and how much?

[LaToyaStapleton]

4 years ago i got let broken back and forth with the insurance had to get a lawyer had to go courts up down for 4 years was to tired they settle now now am waiting for pay out dont know how long its gonna take