how long does it take an attorney to settle an auto claim

by Jaleel O'Kon 9 min read

The time it takes to settle a car accident claim can be anywhere from 90 days to over one year, depending greatly on your case's specific circumstances and factors.

Full Answer

How long does it take to settle a car insurance claim?

How long does an insurance claim take to settle? It varies, but generally it should take less than 45 days once the company receives the claim. With some preparation and attentiveness, though, you can help speed this process up, or at least avoid slowing it down.

How long does a personal injury lawsuit take to settle?

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?

Why is my Claim taking so long to process?

While each claim is a unique situation, in general there are things that can slow down the process, including: Errors and miscommunication: Providing inaccurate or false information can slow down the claims process and add further complications. Customer satisfaction: Customers can dispute a claim or the work paid for by a claim.

How long does a workers’ compensation claim take to process?

It varies, but generally it should take less than 45 days once the company receives the claim. With some preparation and attentiveness, though, you can help speed this process up, or at least avoid slowing it down. Prompt action, clear and honest documentation, and ongoing communication are some of the best tips for a speedy claims process.

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How long do auto claims take to resolve?

The easiest cases will take between one to two weeks to resolve. More complex ones can take weeks or longer, including scheduling delays and the time your car is in the shop. You can, of course, continue to drive your car, if it's drivable, until repairs are complete.

How long does it take to negotiate a settlement?

The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve. By partnering with skilled legal counsel, you can speed up the negotiation process and secure compensation faster.

Why do lawyers take so long to settle a case?

Personal injury cases usually take quite some time to settle or resolve. The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation.

How long does settlement usually take?

Generally, settlement usually takes place around 6 weeks after contracts are exchanged. Your conveyancer or solicitor can check and negotiate the settlement period with the seller. You'll need to have budgeted and have money to cover settlement, including: legal costs.

How long does it take to settle a car accident case?

A car accident lawsuit typically takes at least one year, assuming there is no appeal. However, even though you begin a car accident lawsuit, it is still very likely that you will settle your case before a full trial is completed.

How long does it take to get a car accident case settled?

Factors that Affect the Length of Your Case. Depending on your car accident, your claim can take anywhere from several weeks to a few years. As a general rule, you can expect your car accident lawsuit to take one year. However, cases that involve serious injuries, questionable liability, or a potentially high settlement value will lengthen ...

How long does it take to file a civil complaint?

You then have a copy of the complaint served on the at-fault party (defendant). The defendant responds to the complaint, usually within a one-month time frame. Your attorney and the defendant's attorney will request and exchange evidence ...

How long does an auto accident trial last?

Auto Accident trials usually last a day or two. If one of the parties is dissatisfied with the outcome of the trial, they have the opportunity to file an appeal which can add several years to the length of a case. A car accident lawsuit typically takes at least one year, assuming there is no appeal.

What happens if you don't get a fair settlement from insurance?

Your Case Goes to Trial: If the insurance company that you are dealing with does not offer you a fair settlement amount, you may choose to file a civil claim to initiate additional steps in the legal process to reach a satisfactory settlement. In the end, you may have to take your case to trial.

How long does discovery take?

This step is called “discovery” and typically takes several months but can last for up to a year or more . If a settlement isn't reached after discovery, the trial takes place.

Why is my case delayed?

Reasons that your case may be delayed include: Severe injuries: If your case involves severe accident-related injuries, your case can be delayed while the extent of your injuries is determined.

The Severity of the Injuries

Settlements for minor injuries such as cuts and bruises can be achieved quickly. Their extent, impact on your life, and the length of time to recover are known. You can deal with these injuries through Michigan’s no-fault insurance law compensation scheme.

The Question of Liability

Under Michigan’s comparative negligence laws, the amount of your compensation may be reduced depending on your level of fault in the accident.

The Amount of Damages

The insurance company will try to slow negotiations if it is apparent they face a large payout. They are in the business of making profits, so keep large payments off their balance sheets for as long as possible.

Case Load in the Community

If your case does go to trial, you may find that settlement of the claim faces a considerable delay. There are several reasons for this, such as:

Consult an Attorney to Recover the Compensation You Deserve

To recover a fair settlement, you need a skilled personal injury lawyer. At Cochran, Kroll & Associates P.C., our senior partner Eileen Kroll is also a registered nurse. She brings her expertise from five years as a practicing nurse to your case before being admitted to the State Bar in 1990.

How long does it take for insurance companies to settle a claim?

In general, state laws dictate that insurance companies must settle within roughly a month of accepting a claim. Many of these states add another 15 days on the front end, allowing insurance companies that amount of time to acknowledge the claim before the settlement clock starts ticking.

How to speed up a claim settlement?

How to speed up claim settlements. Claims take time to settle, but there are things you can do to speed up the process: Be prompt with filing: The sooner the insurer has the claim, the quicker they can begin processing it.

What are the factors that delay a claim settlement?

While each claim is a unique situation, in general there are things that can slow down the process, including: Errors and miscommunication: Providing inaccurate or false information can slow down the claims process and add further complications.

Which claims take the longest?

Medical claims and total loss claims generally take the longest. Inversely, glass replacement and roadside assistance claims often take the least amount of time. The first two tend to deal with more significant sums of money and often involve more people and institutions.

Does an uninsured motorist pay for damages?

Damages to other people’s property and damages to your car caused by collisions. Uninsured motorist. No. Pays for damages or injuries your vehicle or you sustain if an uninsured driver causes the incident. Damages and injuries to properties and people beyond your own car and its passengers. Towing.

Can you file an insurance claim if you are at fault?

Whether you are at fault or the other driver is, you’ll still want to consider filing an insurance claim. The insurance company can help ensure that you receive fair compensation if another driver was at fault for your damages. If you are at fault, your insurance may help pay for the damages you caused.

10 Factors that Impact How Long It Takes to Obtain a Car Accident Settlement

So, how long does a car accident settlement take with a lawyer? The short answer is, “It depends.” In fact, here are 10 factors that can all impact how long it takes to obtain a car accident settlement:

Why Is My Car Accident Settlement Taking So Long?

If you were injured in a car accident and you filed an insurance claim without hiring a lawyer, you might be wondering, “Why is my car accident settlement taking so long?” The short answer is: Because you have let the insurance companies take control of the process.

Should You Hire a Lawyer to Pursue a Car Accident Settlement?

Of course a settlement is never guaranteed, and no lawyer can ensure that he or she will be able to convince the insurance companies to settle for just compensation. But, hiring a lawyer gives you the best chance to obtain a fair settlement, and you have no reason not to put an experienced lawyer on your side.

What happens if you sue an insurance company for a car accident?

If the insurance company refuses to be reasonable or the statute of limitations, which is the deadline to sue, will expire soon, you will need to retain an experienced car accident lawyer. While you may still settle your case before it goes to a jury trial, it could take longer to resolve it if you must litigate your case.

What happens if you are injured in a lawsuit?

If you suffered serious injuries, you would be entitled to your past and future medical expenses, lost wages, and pain and suffering in your settlement. You need to wait until you reach your maximum medical improvement, which is the stage where you fully recover or recover as much as you will, before settling your case.

Can insurance companies offer quick settlements?

The insurance company could offer you a quick settlement in an effort to pay you less than the true value of your claim. However, it is rarely in a car accident victim’s interest to accept the insurance company’s first or second offer. Here are some factors that affect the time it takes to settle these claims.

Collecting Medical Records for Treatments

After an accident, you will have obtained injuries and the most important thing is for you to get medical treatment for the injuries. It is important for you to get treated for your injuries so you can be medically fit and soothe medical records can help in gathering evidence for your case.

Factors That Will Determine How Long Your Case Will Take

It is always important to note that every case is different. Hence, it is impossible for a car accident victim to compare their case to any other case especially in terms of the period of time it will take to get resolved.

The Demand Letter and Response

After an initial investigation is done the accident lawyer that you are working with is going to send a demand letter to the responsible party or their insurance company. The demand letter will be sent out before filing any documents with the court.

Filling The Claim

Most people would want to have their claims resolved through a settlement since it is a much easier and fast process. Even so, not all cases will be resolved through a settlement some will proceed to trial. The next step when negotiations don’t work is to file a lawsuit you have a two-year statute of limitations to file the lawsuit.

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The Severity of The Injuries

  • Settlements for minor injuries such as cuts and bruises can be achieved quickly. Their extent, impact on your life, and the length of time to recover are known. You can deal with these injuries through Michigan’s no-fault insurance law compensation scheme. You will recover your medical bills and lost wages quickly, provided you are less than 50% at...
See more on cochranlaw.com

The Question of Liability

  • Under Michigan’s comparative negligence laws, the amount of your compensation may be reduced depending on your level of fault in the accident. The percentage of fault that you have in the accident may be deducted from any settlement figure. If you were 10% to blame for the accident, any award would be reduced by 10%. Provided that the at-fault driver is not more than …
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The At-Fault Driver’S Policy Limits

  • If the at-fault driver has opted for minimum liability coverage, their insurance company will only be liable for damages up to $50,000 for your injury. Any settlement or award above that will have to come from the at-fault driver. This may cause a delay in settling your case because the at-fault driver may need time to raise the settlement money. If they don’t voluntarily settle, you may hav…
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The Amount of Damages

  • The insurance company will try to slow negotiations if it is apparent they face a large payout. They are in the business of making profits, so keep large payments off their balance sheets for as long as possible. They delay negotiations and a settlement offer by requiring further evidence or medical examinations and failing to respond promptly to communications from your attorney. B…
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Case Load in The Community

  • If your case does go to trial, you may find that settlement of the claim faces a considerable delay. There are several reasons for this, such as: 1. There are pre-trial hearings to organize administrative matters relating to the case 2. There are procedural matters such as disclosure of documents to complete 3. The date of the hearing could be delayed due to the availability of jud…
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Your Law Firm’S Reputation

  • Insurance companies are aware of attorneys’ reputations and how they conduct cases. If an attorney gets a reputation for being reluctant to go to trial or taking lowball settlement offers, the insurance companies will know. They will base their negotiations and case tactics around that notion. Insurance companies will sometimes try to use litigation to wear down accident victims …
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Consult An Attorney to Recover The Compensation You Deserve

  • To recover a fair settlement, you need a skilled personal injury lawyer. At Cochran, Kroll & Associates P.C., our senior partner Eileen Kroll is also a registered nurse. She brings her expertise from five years as a practicing nurse to your case before being admitted to the State Bar in 1990. Eileen can interpret your medical records and apply her practical knowledge to help prove your c…
See more on cochranlaw.com