Experiencing a serious car crash is traumatizing. Dealing with the settlement process afterwards…
Well that can be traumatizing too.
Most people have no clue what happens behind the scenes. They don’t know how long the process takes or what steps they should be following. Some people even get lowballed by insurance companies because they don’t know any better.
That doesn’t have to be you.
When you know how the injury settlement process works, it’s actually pretty simple. Most injury cases can be settled quickly and fairly with the right approach.
What you’ll discover:
- How The Settlement Process Works After A Collision
- Why Injury Cases Take So Long To Settle
- The Steps Every Claimant Should Follow
- How To Never Get Lowballed By An Insurance Company
How The Settlement Process Works After A Collision
The injury settlement process begins as soon as a claim is filed with the insurance company. It doesn’t end there though…
After suffering a serious collision, there are several steps that typically need to happen in order. The injured party will seek medical treatment, then a claim will be filed with insurance. The insurance company investigates the crash and makes a liability determination.
Let’s pause for a second
Insurance companies don’t care about you. They want to pay injured victims as little money as possible.
That’s why hiring a qualified motor accident attorney to handle injury cases from the start is critical. An experienced legal team knows how to push back on lowball settlement offers and fight for full compensation.
But here’s the thing… the vast majority of serious injury cases settle without ever seeing the inside of a courtroom. Only 3% to 5% of injury claims actually go to trial. Yet those that don’t can still take months… sometimes years to settle.
Why Do Injury Cases Take So Long To Settle?
If you’ve been injured in a collision, you might be wondering why it takes so long to settle.
As mentioned above, there are several factors that influence how long an injury case takes. The main one is the severity of the injuries. Insurance companies won’t offer a settlement until the injured party has reached “Maximum Medical Improvement.”
(Medical Definition) Maximum medical improvement is achieved when the injured person’s condition has stabilized and is not expected to improve with additional medical treatment.
Essentially the doctors have done all they can, and it’s clear how bad the injuries are.
Think you can settle early and save money?
Think again. If a settlement gets accepted too early, there’s no guarantee that future medical costs will be covered by the insurance company. That’s thousands of dollars of compensation being left on the table.
Other reasons injury cases take so long:
- Liability is disputed by both parties
- Multiple drivers/policies are involved
- Insurance companies use stall tactics
All of these factors add complexity to the case. Simple injury claims with minor injuries and clear-cut liability could potentially settle in a matter of months.
But what happens when the injuries are severe? What if someone was negligent? These types of injury cases can take a year or more to settle. If the case goes to lawsuit, it could take even longer.
The Steps Every Claimant Should Follow
While every collision injury case is different, there are specific steps each claimant should follow.
Step 1: Get Medical Treatment ASAP
This cannot be stressed enough. Injuries like concussions and internal bleeding don’t always present symptoms right away. Seeking medical attention as soon as possible creates a documented record of injuries, which directly correlates to stronger injury cases.
Step 2: Report the Accident
Tell the police, and report the accident to the insurance company. Insurance companies typically have 30 to 45 days to respond to a claim (by state). Just remember, this doesn’t mean they will accept or settle the claim.
Step 3: Document, Document, Document
The more evidence available, the stronger the case will be. Take pictures of the accident scene. Get witness information. Hold onto all medical records and expenses.
Documentation is key.
Step 4: Send A Demand Letter
A demand letter is sent to the insurance company once treatment has concluded. The demand letter lists all of the injuries, lost wages, and additional damages. From here, the insurance company will make a counteroffer. And negotiations begin.
Step 5: Negotiation
The negotiation process is where most of the hard work takes place. Insurance adjusters are trained to give claimants the least amount of money possible. They’ll look for loopholes to reduce the payout. Some common examples are:
- Pre-existing conditions
- Injuries aren’t as severe as claimed
- The claimant received excessive treatment
This is another reason why hiring an attorney matters. Experienced injury attorneys know these tricks. They’ve dealt with lowball insurance adjusters all day every day for years.
How To Never Get Lowballed By Insurance Companies
You’d be surprised by how many people settle for less than they deserve after a collision. The National Highway Traffic Safety Administration (NHTSA) estimates that 39,345 people died in traffic crashes during 2024. That doesn’t even count the 2.44 million Americans injured during car accidents in 2023.
Each and every statistic is a person that was injured in a collision. They’re going into debt from mounting medical bills and lost wages. They probably even face emotional trauma from their ordeal.
Insurance companies offer settlements to pay for those losses. But not all settlements are created equally. Here’s how to make sure you’re not short changed.
Tip: Don’t trust the insurance company. Always hire an attorney.
- Don’t accept the first offer (insurance companies will lowball you)
- Don’t sign any paperwork without consulting an attorney
- Take your time, waiting will only increase the settlement value
- Keep records of every medical visit, missed day of work, etc.
How much someone can expect to receive in a settlement varies drastically from case to case. Some victims walking away with injuries no worse than a few bruises may only receive a couple thousand dollars.
But what if someone was killed? What about traumatic brain injuries? These severe collisions can net settlements in the millions.
Bringing It All Together…
There’s a lot that goes into the collision settlement process. Hopefully this guide has helped clarify some of the confusion.
If you’ve been in a serious collision, follow these tips:
- Seek Medical Treatment → Document Injuries
- Report Collision → File Claim with Insurance
- Send Demand Letter → Negotiate With Insurance Company
- Don’t Accept the First Offer
It’s a long process that will test your patience. But knowing what to expect at every step of the way can help you focus on what’s important. Namely, focusing on recovering from your injuries.
