If you are the victim of a car accident and filed a claim for damages, one of your first questions is probably, “How long does a car accident settlement take?” While it is not the answer most people want to hear, the truth is that it can vary from weeks to months, and even years. At Greenspan & Greenspan, we remind our clients that the length of time it takes to settle your case is not a measure of its success. Receiving fair and adequate compensation is the overarching goal. We always strive to resolve our clients’ cases as quickly and expeditiously as possible. We understand that you may have mounting medical bills and other outstanding expenses. Here is some more information to help you better understand what your auto accident settlement timeline in New York might look like.
How Long Does a Car Accident Settlement Take: Factors That Affect Your Timeline
Every car accident has unique facts, and every personal injury claim involves different timelines. In New York, several variables influence how long it may take to settle your case. Knowing these factors can help you anticipate delays and understand what is necessary to secure appropriate compensation.
Medical Recovery and Maximum Improvement
Injuries are a key factor in the timing of a settlement. A claim might resolve quickly when treatment is brief, such as for mild whiplash. By contrast, serious injuries like broken bones or spinal trauma often involve long recovery periods and multiple phases of care.
Reaching maximum medical improvement (MMI) is critical. MMI is when your condition stabilizes, and no additional improvement is expected. Settling before MMI may result in inadequate funds for future care or lasting impairments.
Liability and Comparative Fault in New York
New York follows a pure comparative negligence rule. You may still pursue compensation if you are partially at fault for the collision. However, the total recovery is reduced by your share of responsibility. For example, if you are 20% at fault, your damages will be reduced by 20%.
When the responsible party is obvious, claims may settle faster. However, when liability is unclear or disputed, your attorney may need to conduct an in-depth investigation. This could involve reviewing evidence, consulting experts, or analyzing traffic footage. Although this may take time, it helps strengthen your position.
Insurance Company Procedures
Although insurers in New York are subject to regulations requiring timely claims processing, internal practices vary. Some companies are responsive and cooperative, while others may delay, request unnecessary documentation, or undervalue your claim. Legal counsel can help push back against stalling tactics and enforce deadlines.
Litigation Adds Time to the Process
When a claim is not resolved through negotiation, the next step may involve filing a lawsuit. Litigation requires court involvement, which typically lengthens the timeline. Discovery, depositions, motions, and scheduling issues can add months, or more, to a case.
Still, initiating litigation may be necessary when the insurer refuses to offer a reasonable amount. Preparing for trial can motivate a more favorable settlement before the case reaches a courtroom.
Additional Factors That Can Impact How Long Auto Accident Settlements Take
Beyond liability and medical treatment, other circumstances may also influence how long your case takes to settle. These factors can increase complexity or extend negotiations.
Severity of Injuries
Serious injuries typically increase the time it takes to resolve. Catastrophic conditions, such as brain trauma or paralysis, often require input from medical specialists and economic experts.
Income Loss
A claim should reflect any financial harm related to the accident. This includes lost wages, missed career opportunities, or diminished future earnings.
Emotional and Physical Distress
These noneconomic damages are harder to quantify and often take longer to evaluate. Pain, anxiety, sleep disruption, or reduced quality of life must be carefully documented and justified.
Property Damage
Claims often include the cost of repairing or replacing your vehicle and any personal property damaged in the crash. Receipts, repair estimates, and appraisals may be necessary to support this part of the claim.
Insurance Limitations
In New York, minimum liability coverage includes $25,000 per person and $50,000 per accident for bodily injury, plus $10,000 for property damage.
If your losses exceed those limits, your attorney may look for additional compensation through:
- Supplemental underinsured motorist (SUM) coverage—may apply if the at-fault driver carries only minimum insurance;
- Umbrella or excess liability policies—some defendants have additional policies that cover serious injury claims; or
- Other responsible parties—more than one person or entity may share liability, such as an employer in a commercial vehicle accident.
Identifying and pursuing these sources may extend the process, but can significantly increase your final recovery.
These and other factors can influence your auto accident settlement timeline in New York. Meeting with a seasoned car accident lawyer is a good way to learn more about the estimated timeline of your case. At Greenspan & Greenspan, we will review your claim and discuss your path to compensation, including the estimated timeframe.
How Can an Attorney Help My Car Accident Claim?
An experienced car accident attorney can help speed up your case and maximize your recovery. Whether your case is complex and challenging to navigate or you believe it is a straightforward claim but the insurance company is playing hardball, we can help.
A skilled lawyer knows the necessary steps to take to:
- Send a demand, if it has not been done already;
- Negotiate with the insurance company;
- Conduct a thorough investigation; and
- Request and review discovery.
From here, you and your attorney can discuss the pros and cons of settling. If your case does not settle, you need a strong advocate to pursue a personal injury lawsuit.
While most people have limited interaction with the courts and litigation process, a seasoned personal injury attorney does this daily. We know the court rules, filing deadlines, procedure, and litigation process. We can help you achieve the best possible outcome.
Why is My Car Accident Settlement Taking So Long?
While settling your car accident case outside of court almost always expedites compensation, settlements can still take a while. It is not always as simple as making a demand, the insurance company countering, and the plaintiff agreeing. When it is that simple, you may not receive all you are entitled to. Fair, well-thought-out, and detailed settlements can take months. It is essential to listen to your attorneys’ advice and continue negotiating your claim if they feel the insurance company is not offering fair compensation. It is better to wait longer if that means you will receive a higher settlement.
I Settled My Case, But Have Not Received the Check
If you settled your case, especially if it took a while, you may anxiously await your settlement check. Even though you may feel like your case has taken forever to get to this point, your check will be arriving soon enough. Every case varies, but typically, it will take approximately 60 days from the date all parties sign and execute the settlement agreement to receive the check. However, if your case was complex, it could take longer. Also, it is essential to check the terms of your agreement. If you agree to annuity payments, you will experience a different timeline than if you decide to receive one lump sum payment. If the payment takes too long, contact your attorney for an update. They can also contact the insurance company or other paying party for the status.
How Long Does it Take to Settle a Car Accident Claim in New York?
The time it takes from the moment you initiate a claim until the money is in your hands will depend on which avenue you take and other factors. If you are in a car accident with minor to no injuries and little damage to your vehicle, you may initiate a claim and agree to a quick settlement with the insurance carrier. In this instance, you will receive your check quickly.
However, car accident cases are rarely that simple. If you have hired an attorney to represent you in a personal injury lawsuit, you likely have a much more complex situation. After meeting with your attorney, investigating the case, and discussing your options, you may have your check within approximately six weeks of agreeing to a settlement.
If your case is complex, settling it may take months of discovery, motions, and negotiations. An experienced and skilled attorney will advise you on your options and the best action.
Once you settle, the case typically proceeds as follows:
Settlement Agreement
Once the parties reach an agreement, it will be memorialized in a settlement agreement. All parties will sign the settlement and release document outlining the settlement terms.
Insurance Company Issues a Check
Once all parties have executed the settlement agreement, the insurance company will issue the check to your lawyer. Your lawyer will deposit it into their escrow or trust account. Once it clears, your attorney will deduct their fees and pay any outstanding expenses or liens you may be responsible for.
Examples of liens or expenses may include:
- Expert fees;
- Unpaid medical bills;
- New York government liens, such as Medicare or Medicaid; and
- Unpaid child support.
You may have little to no outstanding liens, or you may have several. This will be specific to your case, and your attorney will explain the fees you are responsible for.
You Receive Your Money
Finally, after all outstanding liens or expenses are paid, your attorney will issue you your settlement check. Although this process is straightforward, it can take time because of the steps involved.
New York Auto Accident Lawyers
Do you still have questions about how long it takes to settle a car accident claim in New York? At Greenspan & Greenspan, we have been dedicated to helping accident victims maximize their compensation and rebuild their lives after injury since 1959, and we stand ready to help you.
If you were injured in a car wreck and want help to settle your claim, contact us today for a no-cost consultation.
