You were just involved in an auto accident that wasn’t your fault. You may have vehicle damage or injuries that cost more than your insurance can cover. You have questions.
One of the most important is the amount of time it will take to settle your claim. Any lawyer can tell you that there is no straightforward answer to this question – it could be weeks or years before you receive a settlement. However, not every lawyer will prioritize your case. Not every lawyer will meticulously investigate the unique circumstances of your claim, and not every lawyer will represent you with your interests in mind.
Carner & DeVita will.
As experienced Long Island car accident lawyers, Carner & DeVita will prioritize your case from the minute you call us until after you receive the settlement that you deserve. We will negotiate with insurance companies, consult with your doctor or health care professional, and keep your case on track towards a prompt and equitable settlement.
Call Carner & DeVita at (631) 543-7070 or contact us online for a free consultation.
Car Accident Settlement Process
The first step in the settlement process is to file your claim. In New York, you have three years from the date of your accident to file for personal injury or property damage. Do not ignore this deadline while your claim is pending with insurance; active insurance claims do not delay the court’s time constraints.
If you have not already done so, the next step is to hire a Long Island auto accident attorney. An attorney will help you gather all necessary and helpful information for your case, ensure that your claim moves along smoothly, and prevent any mistakes or unfair settlements.
You may then enter into settlement proceedings with your attorney, the at-fault driver, and the at-fault driver’s insurance company. Some of the factors that your attorney and the at-fault driver’s insurance company will consider when determining the amount of a fair settlement are:
- Cost of medical bills
- Cost to repair damage to vehicle
- How much, if any, fault you share with the other driver
- Evidence of fault and damages
- Insurance coverage.
Because New York is a no-fault state, most people will reach a settlement out of court with the help of their attorney. However, sometimes out-of-court settlements simply do not meet the monetary needs of a car accident victim, especially if they suffered a serious injury or excessive property damage. Also, even though out-of-court settlements generally take a few weeks to a few months to settle, you may not receive the amount of compensation you need.
That’s why you should hire a car accident lawyer to file a lawsuit when you meet New York’s thresholds for serious injury or economic loss. If you are unsure whether you meet these criteria, a Carner & DeVita attorney can help you evaluate your options and decide the best method for you to receive compensation.
After filing a lawsuit, the amount of time it takes for your case to be heard and to receive a settlement depends on several factors.
- Injuries. Cases where injuries are long-lasting or slow to manifest usually take longer than cases where injuries are immediately apparent or heal relatively quickly. There are also circumstances where an injured person may never fully recover. Their attorney will need a doctor’s opinion estimating the future cost of medical care, which will almost certainly make the case last longer.
- Insurance. The amount of time to reach a settlement also depends on whether or not an insurance carrier is quick or delayed in evaluating and making settlement offers. For example, insurance carriers will often see if the injured person will accept a low settlement, which the injured person and their lawyer can then refute, lengthening the process.
- Circumstances of the accident. Claims may take longer to settle if the path in determining liability is difficult to work out. For example, if the evidence doesn’t hold up or the driver’s fault is unclear, it will take more time to sort out the facts and receive a settlement.
If you were injured in a car accident in New York and would like to pursue legal action against the at-fault driver, contact Carner & DeVita. Since 1957, we’ve helped injured victims recover the compensation they need to pay their medical bills, make up for lost wages, and other losses they’ve experienced through no fault of their own.
We will evaluate your case, conduct an investigation, negotiate with insurance, and consult with your doctor to represent you the best we can.
You don’t have to fight the insurance company on your own; let Carner & DeVita fight for you. Call (631) 543-7070 today or contact us online today.