Picture a scenario: the unthinkable has happened—you’re involved in an auto accident and now have to make a personal injury claim.
Hopefully, the other driver has a valid license and insurance, and thankfully, all drivers in Texas and across the United States are legally required to carry both. You may think this will speed up your settlement claim to only a few days, but nothing can be further from the truth in most cases.
So, how long does it take to settle a car accident claim in Texas? The answer can be surprising and disheartening—keep reading to learn more.
How Long Will It Take To Settle Your Claim
Several factors determine how long it takes to settle car accident claims in Texas. The severity of your injuries and the amount of vehicle damage can affect settlement times, along with the type of insurance. Some drivers out there carry full coverage, while others only opt to pay for liability.
Minor fender benders typically settle within a few days or a couple of weeks. Sometimes, you may not even need to schedule a visit with an insurance adjuster. A copy of the accident report and pictures of the damage are enough to settle your claim.
When the damage is more extensive, or you have a personal injury claim, you may be in for a lengthy wait. Some car accident claims can take months or even years to resolve.
When your injuries are substantial, the lengthy wait can be devastating financially and emotionally. Medical bills can pile up, not to mention lost wages. Some injuries can be severe enough to prevent you from returning to work.
Waiting for an insurance claim to be approved can make the first offer you receive seem appealing.
Don’t Take the First Offer From an Insurance Company
Insurance companies are in the business of making money. As a rule, they do not like approving large payouts even when it is justified.
When your injuries are minor, like scrapes and bruises, you typically receive a payout without a lengthy wait; however, it’s different with extensive injuries. Don’t be surprised to have an unwelcome visitor in your hospital room, since a common practice with insurance companies is to send an agent with an offer shortly after a claim is filed.
The practice is less-than-ethical, but it’s also legal. The insurance company is hoping that the stress and pain of your injuries will make you more receptive to their offer. The amount may even seem fair initially, but the insurance provider usually offers you a lower settlement than you are entitled to receive. Even rejecting the first offer typically doesn’t stop the insurer from continuing to offer a lower settlement amount.
Along with the settlement being lower, you’re also signing away your rights to seek additional compensation in the future. This means if your medical and other recovery costs exceed the settlement amount, you legally cannot file another claim. So, to protect yourself from lowball claims, it’s always best to retain a personal injury attorney.
What Is Involved in the Car Accident Claim Process
When you are wondering how long it will take to settle your car accident claim, it helps to understand the legal process.
Start with a Consultation
After contacting a personal injury lawyer, the next step is the consultation. Here, the lawyer has not yet agreed to take your case.
The purpose of a consultation is to see if your case has merit. This means, do you have a winnable case? Unfortunately, some personal injury claims are fraudulent, and these are the ones reputable attorneys want to avoid.
The consultation typically involves questions and answers; the attorney will want to know the specifics of the accident and the extent of your injuries. Having a copy of the accident report and your medical files will help speed up the process.
Your Attorney will Begin Negotiations
Before filing a lawsuit against the insurance company, your attorney will attempt to negotiate a settlement acceptable to both parties. Fortunately, most personal injury cases are settled out of court, saving both sides time and money.
Skipping the court system also speeds up the time it takes to receive your settlement. Instead of waiting months or years, you may receive the check in a few weeks. Not all insurance companies are willing to negotiate a settlement—some hope to find a sympathetic jury. While taking your chances in court is a gamble, sometimes it may be the only option available.
When negotiations fall through, your attorney will file a lawsuit with the appropriate court. From there, you receive your court date and wait for the trial to start.
You Will Go Through a Discovery Process
Even though the discovery process is relatively simple, it can be mentally grueling to go through as you will need to relive every aspect of the accident. Sometimes, even some of your life choices may also be on trial if they’re deemed relevant to the case.
Both sides are allowed to ask questions and present documentation to the court, and depositions are also taken. Some discovery processes can take months; however, the judge can also set a timeline to prevent your personal injury lawsuit from backing up the court docket.
Back to Mediation
After completing the discovery process, your case still isn’t ready for trial; now, you’re waiting through another mediation. Here, both sides will make settlement offers and counteroffers.
Depending on the strength of your case, your lawyer may recommend accepting the settlement offer. If the at-fault insurance company still provides lowball offers, get ready to go to trial.
Going to Trial
Most car accident trials in Texas start soon after the second mediation falls through, but it doesn’t mean a quick settlement—and some trials can drag on for months. This typically only applies to complex cases, but the timeline will vary. Not only that, but you also have to wait for the jury’s decision, and there’s no set time frame there.
Settling Your Car Accident Claim
We know that car accidents of all kinds can be stressful and even painful, costing you far more than just what it takes to repair your vehicle. Hopefully, you never find yourself in this situation and have to deal with its consequences. However, if you do, it’s always best for you to hire a personal injury attorney to help you.
Remember to be patient and don’t accept the first offer from the at-fault insurance company—sometimes, it’s better for you to wait and take your case to trial.
