Cimasi Law Office

How long will it take to resolve my car accident claim?

Suffering injuries in an automobile accident can take a toll on your life in several ways. If involved in a car accident, the state of New York allows you to seek compensation for your losses. How you go about doing that and how long it will take depend on many things.

Every accident case is unique. There are times when people can reach settlement terms quickly, without having to go to court. There are also times when litigation is the only way to achieve maximum relief. No matter which way your case goes, seeking compensation all starts by reporting the issue with insurance.

Filing an insurance claim

New York is a no-fault state. This means that insured individuals involved in accidents while operating their vehicles generally have to file claims with their own insurance providers in order to seek relief. If you were doing any of the following, you would file claims with the owner of the vehicle's insurance provider:

  • Riding your bike
  • Walking
  • A passenger in a car

Those who wish to file claims usually only have so much time to do it, so time is of the essence.

To take or not take a settlement offer

Insurance providers often low-ball settlement offers. They want to pay out as little as possible. You do not have to take it if you feel it is unfair. With assistance, you may be able to negotiate a better offer. Negotiations start by filing an offer rejection and demand letter. Talks may go back and forth for a while, but they tend to end with the insurance provider offering better settlement terms.

Can you sue the other driver?

Maybe. It may be possible to take action against the other driver once reaching no-fault limits. Certain elements must exist in your case in order to do so, such as serious injury and driver negligence contributing to the event.

File and wait

Car accident injury cases can take time to resolve. There is no set timeline for how long it may take. It all really depends on whether insurance providers are willing to negotiate, if one can file claims against another driver or if the matter requires litigation. Every case is different. Just know that legal counsel will do everything possible to help you seek maximum relief as quickly as possible.

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