There were 5.93 million crashes reported to the police in 2022, and the injury rate per 100 million vehicle miles traveled was 75, a 6.3% decrease from the previous year. Many factors influence how long the legal process takes after a car accident, from the severity of the crash to the steps each party takes to protect their interests. Experienced car accident attorneys share an overview of the timeline you can expect after an auto accident.
Reporting the Car Accident
The legal process starts immediately after the car accident occurs. The first thing you should do is contact the police so they can file an official report. The police report contains key details about how the accident happened, which will be important later if you make an injury claim. Most states require you to report any accident that resulted in injury, death, or substantial property damage.
You’ll also want to gather information from the other drivers involved, including their name, contact details, driver’s license number, insurance information, and any eyewitness accounts. Document the accident scene by taking photos of property damage, skid marks, weather conditions, or other relevant evidence. All this information will help establish fault and determine the settlement value of your claim.
Medical Treatment After a Car Crash
Seek prompt medical attention even if you don’t think you were seriously injured. Some injuries like whiplash don’t show symptoms until days later, and the risk of suffering a whiplash in low-speed impacts is still 35-68%. Getting checked out creates a record of your injuries and treatment in case you need to provide medical documentation later. Most car accident lawyers advise waiting a few weeks after an accident to determine the full extent of your injuries before suing after a car accident.
Auto Insurance Claims Process
Contact your auto insurance company and start a claim immediately after the accident. An adjuster will investigate the claim, which usually involves getting your statement about what happened, reviewing the police report, examining your vehicle damage and medical records, and speaking with any eyewitnesses.
The adjuster will try to determine fault and whether the other driver’s insurance should reimburse you. You may receive a settlement offer within a few weeks for straightforward claims. But complicated cases with significant injuries or disputes over who’s at fault can drag on for months. People with severe injuries like a TBI can expect settlements of $240k+.
Filing a Car Accident Lawsuit
If you can’t reach an adequate settlement directly with insurers, your next step is to hire a car accident lawyer and file a lawsuit. There are strict time limits called statutes of limitations for taking legal action after an accident. In most states, this deadline is just 1-2 years.
Your car accident attorney takes time to gather evidence, negotiate with insurers, and prepare your case for trial. The litigation process itself can take over a year, depending on the court’s calendar. Discovery involves issuing interrogatories, requesting documents, and holding depositions to interview witnesses under oath.
Most accident lawsuits settle out of court before reaching trial. However, going to trial and waiting for a verdict can extend the timeline by months or even years. The average car accident claim takes 1-3 years to resolve fully through a negotiated settlement or jury award.
The legal process after a car accident varies widely depending on your injuries, the insurance companies involved, state laws, and whether your claim goes to trial. Speaking with a car accident lawyer helps you know what to expect regarding the timeline and steps involved in seeking compensation after an auto accident.
