Every car accident case is unique. Some reach settlements within just a few months, while others require court trials and come with timelines closer to one year (or longer). How long it takes for you to recover financial compensation for a car accident in New York will depend on the factors of your individual case.
Insurance Settlement: 6-12 Months or Longer
A straightforward car accident claim in New York should take around six months to one year from start to settlement. Since New York is a no-fault state, injured parties will file claims with their own car insurance policies, regardless of fault or who caused the accident.
It is not necessary to prove fault to receive a first-party insurance settlement for a car crash in New York. The no-fault system helps to keep car accident insurance claims efficient, streamlined and relatively quick.
A simple case with minor injuries may result in a settlement within just a few months. However, more complex claims (e.g., serious injuries or high-value losses) can take around six months to one year or longer.
Personal Injury Trial: 1-2 Years or Longer
The majority of car accident cases in New York reach successful settlements and never see the inside of a courtroom. Complex cases, however, may require court trials. If your case involves catastrophic injuries that reach New York’s serious injury threshold, for instance, you may have grounds to file a claim against the at-fault party outside of the no-fault system.
A fault-based insurance claim or personal injury lawsuit in New York may take several months, one to two years, or even longer to reach a resolution. How long a complex case takes to be resolved depends on numerous factors, including the number of at-fault parties and how much each party is willing to cooperate.
What Factors Can Affect the Timeline of a New York Car Accident Case?
In general, a car accident case in New York can reach a relatively fast settlement if the injuries and losses are minor, fault is clearly established, and the insurance company is cooperative and responsive.
However, many cases take longer based on their unique circumstances and potential delays. Factors that influence case timelines include:
- Injury severity and recovery time
- The value of the claim
- The number of defendants
- Liability disputes
- Comparative negligence
- The level of insurance company cooperation
- The length of the investigation or discovery
- An insurance settlement vs. a car accident trial
- The county courthouse’s schedule
The average car accident case in New York involves an insurance company’s initial investigation, the victim’s medical treatment and recovery, settlement negotiations, and – if necessary – the filing of a lawsuit. The precise timeline will depend on the case.
What Is the Statute of Limitations on a Car Accident Case in New York?
In New York, a car accident lawsuit must be brought no later than three years from the date of the collision under New York Civil Practice Law and Rules §214(4). The sooner you bring your claim against an at-fault driver or third party, the sooner you can receive a settlement.
If you get hurt in a motor vehicle accident in New York, it is normal to wonder how long the claims process will take. For information tailored to your unique case and scenario, contact Abaev Law Firm, PLLC for a free initial review. Hiring the right attorney can allow you to expedite the car accident claims process as much as possible.