A car accident lawsuit in New York can take anywhere from 1 to 3 years or longer, depending on the case. Simple, straightforward cases may reach settlements within 6 to 12 months, while more complex injury cases that go to court can take multiple years. Consult with a car accident lawyer for a detailed look at how long your individual case may take to reach a final resolution.
Initial Insurance Filing: First 30 Days
Car accident insurance claims should be filed as soon as possible, but at least within 30 days. In New York, the no-fault law presides over car insurance claims. Under this rule, every driver’s own personal injury protection (PIP) insurance will pay for his or her medical bills and lost wages, regardless of fault. For a claim to be valid, a written notice must be filed within no more than 30 days.
Accident Investigation: One to Six Months
Once the insurance company receives the car accident claim, it will start its investigation. The investigative stage can take one to six months or longer, depending on the complexity of the crash.
The average investigation involves returning to the crash scene, interviewing witnesses, analyzing photos and videos, and confirming the victim’s injuries and damages. During this time, the victim should be keeping up with medical care and following the prescribed treatment plan.
Settlement Negotiations: One Year or Longer
A simple car accident case with minor to no injuries can typically reach a settlement within a few months in New York. A settlement is an out-of-court agreement between the two parties involved in the dispute. If the victim’s injuries need longer to heal, a liability dispute arises or the insurance company refuses to cooperate, settlement negotiations can stretch to one year or longer.
Pre-Litigation: Six Months to One Year
If an insurance settlement cannot be reached, the car accident case may go to trial. Trials are rare, as both parties generally want to avoid the cost and hassle. If litigation is necessary to pursue justice for the victim, however, his or her personal injury lawyer may take on the insurance company or defendant in court.
The first stage of a car accident court case in New York is pre-litigation and discovery. During this phase, both sides swap evidence and information. Interviews may be conducted to gather additional evidence. At any time before the start of the trial, the case may reach a settlement and come to an end.
Litigation: One to Three Years and Beyond
In the event that a New York car accident lawsuit does not settle, it will proceed to court. Litigation for a car accident case may take one year, two years, three years or even longer, depending on the circumstances. Determining factors can include injury severity, case value, insurance cooperation and courthouse scheduling.
Can You Speed Up Your Car Accident Lawsuit in New York?
It may be possible to expedite the car accident claims process through smart strategies, such as hiring a lawyer early on in settlement negotiations. A lawyer’s support and representation when dealing with an insurance company increases the chances of reaching a satisfactory settlement agreement without a time-consuming trial. If a car accident case does have to go to court, an experienced litigator can put the plaintiff in the strongest possible position to recover from day one.Â
Having a lawyer by your side can make your injury claim faster, more efficient and more effective. For timeline information about a specific car accident lawsuit in New York, call Abaev Law Firm, PLLC at (212) 763-7738 for a free initial consultation.