New York Car Accident Settlement Process and Timeline

The process and timeline for car accident settlements in New York can range from several months to years depending on the extent of property damage, severity of the personal injury, and whether a lawsuit suit is filed.

As part of our morning commute, we've all seen a car wreck on the side of the road or listened to a news report about a multi-car pileup on the local freeway. It's always a relief to not be the driver of the totaled car or SUV, but at some point most of us will be involved in an auto accident.

Knowing what to do after a car accident is important. Do you call a car accident lawyer? File a claim with the insurance company? Do they have to pay it? The truth is that every car accident case is unique, and there's no way to know exactly what will transpire. While the details may vary, having an idea of what to expect can be incredibly helpful.

Very few car accident claims and car accident lawsuits go to court. More than 95% of all personal injury cases settle long before trial. The settlement process varies from state to state, but it's the preferred solution as court is expensive for all involved.

This article will describe what to expect during the car accident settlement process in the state of New York. It also the examines the advantages of settling your personal injury case rather than risking going to trial.

If you or a loved one has been involved in a car crash and suffered serious injuries, consider meeting with a New York car accident lawyer. For additional information on related topics, visit the FindLaw links provided at the bottom of this article.

When You Need to File a Car Accident Lawsuit

In most car accident cases, the accident victim files a claim with their insurance company, and the insurance adjuster approves their claim. There are times when the insurance provider denies your claim for some reason. If this happens, you may need to sue the other driver personally for damages.

There are other reasons why you may need to file a car accident lawsuit with the courts. Some of these reasons include:

• The insurance carrier refuses to pay your claim
• The other driver was negligent and has no insurance
• The insurance carrier thinks you’re exaggerating your injuries
• The insurance adjuster does not believe that all your medical treatment was related to the crash
• The insurance adjuster doesn’t believe you’ll need future medical care
• You have a history of filing car insurance claims
• The other driver’s insurance company thinks you were negligent and at fault for the car crash

Regardless of the reasons, filing a personal injury lawsuit can be daunting. As an accident victim, speaking with a car accident lawyer can be a tremendous help..

What Happens When Your New York Car Accident Attorney Files Your Personal Injury Lawsuit

If the insurance carrier denies your claim or only pays part of it, you have the right to file an appeal. If it still refuses to pay, consider talking to an attorney who has experience with personal injury law. They'll attempt to negotiate with the insurance company. If this doesn’t work, they’ll send a final demand letter, notifying the insurance adjuster that you plan on filing suit.

When you file your car accident lawsuit, you’ll name the at-fault driver as the defendant. You cannot sue the insurance company directly, unless you’re filing a bad faith claim. The insurance carrier is legally required to represent the other driver in any legal actions arising from a motor vehicle accident.

If your personal injury lawyer can't convince the insurance company to pay out, they’ll file a complaint on your behalf. Once the insurance company receives a copy of your complaint, it’ll notify the at-fault driver and file an answer. It’s at this point that either your attorney or a paralegal with their law office will reach out to the insurance company to begin settlement negotiations.

If your attorney can elicit a fair settlement offer from the insurance company, they’ll communicate the offer to you. You have the option of accepting the settlement or following through with legal action.

Benefits of Settling Your New York Car Accident Case

It can be surprising to learn that more than 95% of all personal injury lawsuits settle out of court. In most car accident cases, a settlement is the best possible option for all parties. Your New York car accident lawyer knows this and will work hard to negotiate a settlement.

There are many advantages to settling your car accident claim, including:

• There is no guarantee that you’ll win if your case goes to trial
• The judge or jury may award you less than your full damages
• It can take months or years for your case to go before a judge
• Evidence becomes stale over time
• With a settlement, you walk away with a lump sum
• Trials are time-consuming and expensive
• Even if you win at trial, you may not see your money for months or years

The insurance company understands the above and are predisposed to entertain a settlement. If your claim is valid, they'll have to pay fair compensation at some point, especially if your attorney files a bad-faith claim.

How Car Accident Settlements Work in New York

If your New York personal injury lawyer negotiates a settlement with the other driver or their insurance carrier, they will draft a settlement agreement. This is a contract that spells out how much you will receive, what the settlement money is for, and the settlement timeline.

Your lawyer will send a copy of the proposed settlement agreement to the insurance company or its legal department. They will review the agreement and either sign it or request specific changes. Your attorney may go back and forth for days or weeks hashing out a settlement agreement that satisfies both sides. Once this happens, the parties will sign the agreement and stipulate a settlement payment date.

Most car accident settlement agreements state that the defendant has 30 days to pay the settlement. They also spell out whether the insurance company will send the settlement check to you or your attorney. When the check is received, the law office representing you will keep their portion of the settlement proceeds before sending the remainder to you.

If the insurance company sends the check directly to you, it will be your responsibility to pay your attorney their fee and any other costs associated with your case.

Average Car Accident Settlements in New York

It is difficult, if not impossible, to determine what the average New York car accident settlement is worth. Every case is unique, and the specific facts of your case will dictate the value of your car accident claim.

Some of the factors that impact a fair settlement amount for your car accident case include:

• The parties’ percentage of fault
• Strength of the evidence supporting your claim
• Insurance coverage policy limits
• Property damage
• Medical bills
• Future medical expenses
• Pain and suffering
• Lost wages
• Lost future income

Other factors may apply as well.

Deadline for Filing a Car Accident Lawsuit in New York

Every state has laws dictating how long a plaintiff has to file a personal injury claim. Under New York state law, this time limit (statute of limitations) is three years from the date of your car accident.

If you don’t file your case before the statute of limitations period expires, you will lose your chance of pursuing damages. If you're uncertain at any point, speaking to a New York personal injury attorney can help get your concerns addressed.

Your attorney will need time to prepare your case. If you wait until the last minute, you run the risk of missing the statute of limitations deadline. This can end your change of negotiating or winning a settlement.

Related FindLaw Resources

• New York City Personal Injury Lawyer
• Car Accident FAQ
• How Does Personal Injury Protection Work?
• Obtaining and Using a Police Report

Talk to a New York Attorney About the Car Accident Settlement Process

If you were recently involved in a New York car accident, you may wonder if you need to hire a personal injury attorney. While there is no law stating you must have an attorney to sue someone, it is still in your best interest to consult a New York car accident attorney before making any final decisions.