How Long Does It Take to Get Compensated After a Georgia Car Accident? 

Key Points:

• The timeline for settling car accident claims can vary widely, and there are multiple factors that determine how quickly a case is resolved. 
• Typically, insurance claims for car accident injuries are settled within a few months to one year. However, if the case progresses to trial, it could take one to two years before the victim receives compensation for their injuries. 
• Generally, claims that involve extensive injuries and disputes over fault may take longer to settle.  
• Other factors, such as the at-fault driver’s insurance policy limits, may also affect the timing of a settlement.  

If you have been seriously injured in a car accident, you may have questions about how long it may take to settle or receive payment or compensation for your injuries. We understand. As medical bills and other expenses pile up, it can be stressful waiting to recover your costs from the at-fault driver’s insurance company. Depending on the facts and circumstances, some car accidents settle quickly while others can take many months to resolve.  

Understanding the process and factors that play a role in the settlement timeline can alleviate some of the stress you may be experiencing and help you receive fair and timely compensation for your injuries.  Additionally, having your case evaluated by a Georgia car accident attorney (many lawyers or law firms will do so at no charge to you), may help provide an estimate of how long your case may take.

Table of Contents

What Is the Timeline of a Car Accident Settlement? 

When it comes to car accident settlements in Atlanta or anywhere in Georgia, the circumstances determine the timeline. Generally, claims that involve extensive injuries and disputes over fault may take longer to settle. Other factors, such as the at-fault driver’s insurance policy limits, may also affect the timing of a settlement.  

Keep in mind that even though delays can be frustrating, you should not sacrifice the value of your claim for a quick check that does not cover your losses. Though most car accident claims do not reach every phase of this process before victims receive compensation, these are the key steps in the timeline: 

Seeking Medical Treatment 

Seeking prompt medical treatment after a car accident is a crucial first step in your recovery. Treatment is not only essential for your health but also for any injury claim you may have. Any settlement you receive should compensate you for the total cost of your accident, which you cannot calculate until you know the full extent of your injuries and medical expenses. 

If your injuries are not extensive or complex, this phase may be relatively short. However, bills for hospital visits, ambulance rides, surgery, and follow-up care may take months to arrive, so it may take longer to understand how certain injuries will affect your earnings and quality of life.  

Hiring a Lawyer 

You are not required to hire a lawyer to handle your claim, but you should consult an attorney if you suffered significant injuries in a car accident. During your initial consultation, the attorney will ask you about your accident, your injuries, and any medical treatment you have received. An experienced personal injury attorney can evaluate the strengths and weaknesses of your claim and let you know whether you should pursue your case.  

If you decide to hire an attorney, you will likely sign a contingency fee agreement, which means you pay no fees or costs unless you win your case. How long this phase lasts depends on how many attorneys you choose to interview and how much time it takes for you to make the decision. 

Gathering Evidence 

To build a successful claim, you must gather evidence to prove what happened and collect documentation that details your injuries and costs. After you hire an attorney, they should immediately start investigating your case and gathering all necessary evidence on your behalf.  

As part of this process, your attorney will collect all your bills and records relating to the accident, which should include all past and future medical treatment. Your lawyer will also locate and interview witnesses, obtain the police report, find relevant videos and photos, and consult experts such as accident reconstructionists. Depending on the situation, this phase may take anywhere from a few weeks to a few months. 

Preparing a Demand Letter 

After your attorney has collected strong evidence proving liability and damages, they will calculate the total cost of the accident to include in a demand letter, which serves as a formal notice to the at-fault driver and their insurance company. The demand letter outlines the facts of your case, the evidence that supports it, and the specific compensation, or damages, you seek.  

Your demand letter should clearly explain why the other driver is at fault, and documentation proving liability (e.g., police report, witness statements) and damages (e.g., medical bills, lost wages) should be attached. The at-fault driver’s insurance carrier has 30 days after receipt to respond with either an acceptance, a denial, or a counteroffer. 

Negotiating a Settlement  

If the insurance company accepts your settlement demand, negotiations may not be necessary. However, insurance carriers often try to find ways to deny claims or get you to accept significantly lower compensation than what you demand. Carriers are more likely to accept your demand when there is clear evidence of fault, such as an admission by the driver or a police report indicating that the driver was negligent.  

If there is evidence indicating you may have been at least partially at fault, the insurance company may try to deny or reduce your compensation. The more evidence that both sides present regarding liability, the longer it may take to reach a settlement. Even if it ultimately pays your claim, some carriers try to drag out the process as long as possible through counteroffers and negotiations.  

Sometimes, factors such the at-fault driver’s policy limit may cause negotiations to move slowly, especially if the policy limit is much higher than the amount in your claim. That may seem counterintuitive, but the reason is that the carrier is required to pay damages up to the policy limit. If your damages are far less than the policy limit, the carrier knows that a jury verdict in your favor will be safely below their maximum payout.  

If your damages are closer to the policy limit, however, you could file a lawsuit and get a jury verdict that far exceeds the limit. That possibility means that the insurance carrier is more likely to agree to your demand quickly to avoid a costly lawsuit. Negotiating a settlement can take anywhere from weeks to months, depending on the facts of your case and the willingness of both parties. 

Filing a Lawsuit 

If your negotiations with the insurance company stall or are unsuccessful, you may be forced to choose between accepting an unfair settlement or filing a lawsuit to recover what you deserve. Keep in mind that even if you need to file a lawsuit, the vast majority of car accident cases settle before they go to trial.  

If the claim proceeds to trial, however, it may take one to two years for the trial to take place and for the victim to receive compensation for their injuries. In most car accident cases that end in trial, the plaintiff usually receives compensation within a month of the jury delivering a verdict in their favor. 

Getting Your Settlement Check 

After both parties verbally agree to settle the case, there are certain steps that must take place before you receive a check. Because a settlement agreement is a binding contract, the attorneys for both sides must first agree on the specific terms and conditions in the written documents before they are signed.  

The attorney for the defendant prepares the release form, which is an important document that absolves the defendant and their insurance company of any further liability. In other words, the release states that you cannot file another claim or receive any more money from the defendant for your injuries in the future. The release can vary in length and specific language depending on the insurance company and the circumstances of your case.  

Other terms and conditions may state that the defendant and their insurance company do not admit fault, or you may be asked to sign a confidentiality clause. Your attorney reviews the documents to ensure that all the terms and conditions are acceptable, and if there is a dispute, the attorneys will negotiate the terms. After any potential issues are resolved, the parties sign the documents in the presence of a notary public. If you have filed a lawsuit, the attorneys must report the settlement to the court so the lawsuit can be dismissed. 

Once the insurance company receives and processes the documents, it sends a check to your attorney, typically within seven to ten days. Your attorney deposits the check into their escrow account and holds the check until the bank releases the funds. Before you can receive compensation, your attorney must first pay any outstanding liens, including unpaid medical bills and subrogation claims. If you owe unpaid child support, the state requires payment before you receive any funds. 

Your attorney will also deduct the contingency fee and costs you agreed to pay when you hired them, which is a percentage of the settlement amount. Then, your attorney issues you a check for the remaining funds and a detailed accounting of the funds deducted from the settlement proceeds, usually within 30 days after the settlement was reached. 

Other Factors That Can Delay Your Settlement 

Prolonged medical treatment and negotiations with the insurance company are not the only factors that can delay the settlement process. For example, your settlement may take longer than expected if the evidence or documentation you submitted to the insurance company is incomplete. If you do not submit sufficient information to let the insurance carrier know the full extent of your injuries, it may not set aside enough funds in the case reserve to pay your claim. If the insurance adjuster sets the case reserve too low on a large-limit policy, it can take time and effort to get the case reset to a level that the insurance company can pay. 

If your case is being litigated, attorneys may drag out the discovery process before trial, which may cause a delay in your settlement. Depending on the court’s backlog of cases, it may also take longer than expected to set a trial date. If a car accident case involves a minor or an estate, attorneys must seek court approval of any out-of-court settlement, which can take additional time. 

You may also be delayed in receiving your settlement check if there is a dispute regarding the terms of the release, your attorney is negotiating the amount of a lien, the settlement was not properly signed and returned, or there are processing delays in the insurance company’s office. 

Tips for a Smoother Settlement Process 

There is no way to guarantee that your settlement will proceed smoothly and efficiently; however, there are things you can do to prevent problems from arising. For example, you can make sure to maintain comprehensive medical records so that your attorney can accurately determine your costs and the insurance carrier can set a high enough case reserve to pay your claim. 

You can also be diligent about keeping medical appointments, including follow-up visits, and following your doctor’s orders for treatment. You should always keep an open line of communication with your attorney, which includes responding as quickly as you can to your attorney’s requests for documentation or other evidence to help build your case.