How Long Does A Car Accident Settlement Take?

Most car accident cases with minor to moderate injuries often settle within 6 to 12 months. However, claims that go to trial often take longer (between 1 and 2 years). It’s important to note that each auto accident claim is unique, and how long a case takes to settle depends on many factors.

Factors That Impact How Long A Car Accident Settlement Takes

Many factors can affect how long a car accident case takes to settle. Most commonly, the length of a car accident settlement is most impacted by the severity of injuries, medical treatment, and whether liability is disputed. Factors that may affect how long a car accident takes to settle include the following:

1. Severity of Injuries: The more severe the injuries, the longer it may take to reach a settlement. This is because the full extent of medical treatment and recovery needs to be assessed before determining fair compensation.

🛈 Example: Minor injuries with straightforward treatment plans can lead to quicker settlements. If a car accident victim has a broken arm that heals within a few months, the settlement might be reached in 6-8 months. However, if the victim has severe injuries like traumatic brain injuries requiring ongoing treatment and rehabilitation, the settlement might take 18-24 months or longer as the full extent of the injuries and future medical needs must be assessed.

2. Medical Treatment: Ongoing medical treatment can delay the settlement process. Settlements are typically postponed until the claimant reaches maximum medical improvement (MMI), which is the point at which the condition is stabilized and future medical needs can be predicted.

🛈 Example: If the medical treatment concludes quickly, a settlement may be reached sooner. For example, if a victim’s treatment lasts 3 months, the settlement might follow within the next 3-6 months. However, if the treatment is ongoing or requires long-term care, the settlement will be delayed until the full cost of medical care is known, potentially taking 12-24 months.

3. Liability Disputes: If there is a dispute over who was at fault for the accident, it can lengthen the time it takes to settle the case. Establishing clear liability often requires extensive investigation and gathering of evidence.

🛈 Example: If liability is clear and uncontested, car accident settlements are often reach faster (as opposed to those with contested liability). For instance, if a driver runs a red light and is clearly at fault, the case might settle in 3-6 months. Conversely, if there is a dispute over who was at fault, with conflicting witness statements and lack of clear evidence, it could take 12-18 months or longer to resolve the liability issue through investigations and potentially court proceedings.

4. Insurance Company Cooperation: The willingness of the insurance company to negotiate and settle the claim can significantly affect the timeline. Some insurance companies may delay the process in an attempt to minimize payouts.

🛈 Example: Some insurance companies may have faster settlement processes or be more willing to negotiate, resulting in quicker settlements (e.g., within 6 months). Others might delay negotiations, request extensive documentation, and employ tactics to reduce the payout, potentially stretching the settlement process to 12-24 months.

5. Complexity of the Case: Cases involving multiple parties, such as multi-vehicle accidents, can be more complex and take longer to settle due to the need to coordinate between different insurance companies and legal teams.

🛈 Example: Complex cases involving multiple parties, such as a multi-vehicle accident, generally require more time to investigate and establish liability for each party. For example, a three-car pileup where each driver disputes fault may involve extensive investigations, witness interviews, and possibly accident reconstruction.

6. Documentation and Evidence: The time it takes to gather necessary documentation and evidence, including medical records, police reports, and witness statements, can impact the settlement timeline.

🛈 Example: The availability and quality of documentation can significantly impact the settlement timeline. If a victim has comprehensive medical records, police reports, and witness statements readily available, the case can proceed more quickly. If these documents are incomplete or need to be gathered, it will delay the process.

7. Legal Representation: The efficiency and experience of the attorneys involved can influence the duration of the case. Skilled attorneys may expedite the process through effective negotiation and case management.

🛈 Example: An experienced attorney might expedite the process by efficiently gathering evidence and negotiating with the insurance company, leading to a settlement within 9-12 months. In contrast, if the victim represents themselves or has less experienced legal representation, the process might be slower, taking 18-24 months due to potential procedural delays and less effective negotiation strategies.

8. Court Backlogs: If the case goes to litigation, court schedules and backlogs can delay the resolution. Even if the case is settled out of court, the threat of a court trial can sometimes expedite settlement negotiations.

🛈 Example: In jurisdictions with busy courts and long backlogs, even cases that proceed to litigation might face delays. If the local court has a backlog of 6 months for hearings, the settlement process could extend an additional 6-12 months beyond the standard timeline. In less busy jurisdictions, the same case might proceed without significant delays, resolving within 12-18 months.

10. Settlement Negotiations: The negotiation process itself can be time-consuming. Both sides may go through multiple rounds of offers and counteroffers before reaching an agreement.

🛈 Example: Lengthy negotiations can delay settlements, especially if the parties go through multiple rounds of offers and counteroffers. For instance, an insurance company might initially offer a low settlement, leading to extended negotiations.

11. Statutory Deadlines: The statute of limitations imposes a deadline for filing a lawsuit, but within this period, various procedural deadlines and requirements can also affect the timeline.

🛈 Example: Statutory deadlines, such as statutes of limitations, can affect the timeline. If a claim is filed close to the deadline, it can expedite the settlement process to avoid missing the filing window. However, working within these tight deadlines might also rush the case, potentially leading to an incomplete gathering of evidence.

Understanding these factors can help manage expectations and prepare for the potential duration of a car accident case settlement process. However, each case is unique, and it’s important to consult a personal injury attorney by requesting a free case evaluation to better understand the details and legal considerations that apply to your case.

Get Help With Your Car Accident Case

It’s important to note that each car accident case is unique, and how long your car accident case takes will depend on the specific circumstances and unique variables of your case. Consulting with a personal injury can help you better understand the the timeline of your claim, and help you recover fair compensation.

Getting started with your injury claim is easy. Just request a free case evaluation online, and a legal team in our network will reach out to you regarding your case. Our network of attorneys includes a team of over 250+ legal professionals throughout the United States with over $1 billion recovered for clients, including individuals who have been injured as a result of a car accident.

⚖️ All of our attorneys work on a contingency fee basis, meaning there are no upfront legal fees or costs — you only pay if you win.

About

We use settlement calculators to help individuals estimate how much compensation they may receive from their personal injury claim. We partner with law firms throughout the United States to help produce the most accurate results. Our content and calculators are created with the help of top-rated attorneys and legal professionals.

Accident type Avg. Settlement
Drunk driver $262,479
Uninsured driver $128,129
Hit-and-run $87,233
Rear-end $181,309
Injury type Avg. Settlement
Back & neck $263,030
Herniated disc $220,066
Concussion $347,046
Whiplash $121,542
PTSD $762,436

Find out if you're eligible to recover compensation.

Free Case Evaluation →

⚖️ All of our attorneys work on a contingency fee basis, meaning there are no upfront legal fees or costs — you only pay if you win.