Posted on 01/11/24
If you or somebody you love has been involved in a vehicle accident and are beginning the insurance claims process, you need to know how long this could take. Unfortunately, no two auto insurance claims are exactly alike, and even though the no-fault system in New York is designed to help these cases proceed quicker, there can be delays. Here, we want to examine the typical timeline for an insurance claim in New York.
What to Expect After the Crash
After a vehicle accident occurs, you should report the incident to your insurance carrier as soon as possible. Preferably, reporting the accident to your insurance carrier the same day the incident occurs or the very next day is beneficial. You can do this through your insurance carrier’s website or mobile app or by calling them on the phone.
Even though you need to make your report quickly, there is no guarantee that the insurance carrier will move quickly to pay your claim. Anything other than a straightforward claim could lead to significant delays. Even though the no-fault insurance system is designed to speed up the process with which individuals receive compensation, insurance carriers have one goal in mind, and that is to pay out as little compensation as possible. If the insurance carriers can put up a fight from having to pay a claim, they will.
In a best-case scenario for a no-fault car accident claim in New York, individuals will receive compensation within a few weeks after the incident occurs. When we follow New York regulations, we can see that insurance carriers are required to settle a claim within 35 days of receiving it. However, there are several caveats to that specific time frame, and any requests for more information can cause a delay.
What About Serious Injuries?
Not every car accident claim gets paid through the no-fault insurance system in New York. Yes, the vast majority of claims are handled through this system, but there are situations where individuals may need to file a personal injury lawsuit against the at-fault driver, but they can only do so if they have sustained what the state considers a “serious injury.”
If a person sustains an injury that meets the criteria of being “serious,” then victims are allowed to file civil lawsuits directly against the at-fault party to recover compensation above and beyond what they would otherwise receive through the no-fault insurance system.
In these situations, the time frame for recovering compensation is vastly different. Personal injury lawsuits can take quite some time, and they typically require assistance from an attorney who can help you navigate the legal processes. Cases are still usually settled before they go all the way to trial, but that is no guarantee. In the event a person sustains a serious injury in a New York vehicle accident, recovering compensation could take a year or more.
However, we strongly encourage you to speak to your car accident lawyer for advice moving forward. An attorney with experience handling claims like yours and in your particular area will have a better understanding of how long it will take to resolve your claim.