Car Accident Timeline: What to Expect for Victims

After a car accident, victims have a limited time to file their car accident claims against the other party. This is known as the statute of limitations, and it varies from state to state and depends on the nature of the mishap. Once that’s passed, victims can no longer seek legal action, no matter how strong their case may be.

Statutes of limitations for personal injury and property damage usually last for several years. However, you’d want to pursue claims while your memories of the mishap and the pertinent documents are still fresh. Otherwise, you risk struggling to remember the events that transpired and being unable to retrieve the necessary information.

The Time of the Accident

Medical care should take priority following a crash, especially if there are passengers and pedestrians involved. People may walk away from the accident unscathed, but a concussion isn’t called a “silent killer” for nothing. The CDC states that car crashes are one of the main causes of traumatic brain injury deaths, along with falls and firearm-related suicide.

If you or someone in your group can still walk, consider assigning them the task of taking photos and video footage of the crash for evidence. Most car accidents also require police to be on the scene, as a police report is necessary for filing a claim. The only exception is when damage is minimal and no one’s seriously hurt.

Some lawyers advise against contacting insurance right after the accident, whether yours or the other party’s. Emotions can run high after a crash, which can risk saying something that’ll undermine your case. Instead, they recommend waiting for a few hours (when the heat has died down) or a few days (if recovering from injuries sustained).

First Few Hours

Give yourself time to cool off and, more importantly, organize your thoughts. At this point, the severity of injuries will determine your options in the car accident settlement process.

If the crash resulted in serious injury and property damage, it’s advisable to talk to a qualified attorney like a Chicago car accident lawyer at Willens & Baez. Share details of the accident with them, namely the severity of your injuries and their effects on daily life. A lawyer’s expertise with state laws will come in handy during negotiations.

The lawyer can also represent the victim in talks with the at-fault party, like their insurance provider. Filing an insurance claim on your own can be difficult because the company will most likely do everything to avoid paying damages. Some of the tricks they use include: (1)

• Pursuing a narrative that pins the blame on the victim or both parties
• Informing that the other party’s insurance can’t fully cover the claims
• Refusing to return the victim’s calls or emails
• Making the victim wait before they decide to contact them

Once you’ve discussed the details with your personal injury attorney, there’s no need to make statements to other parties. In fact, lawyers often tell their clients to stay silent about the accident during the investigation and claims processing. A statement or social media post risks offering the other party ammunition to dispute your claim.

Recuperation Period

As the lawyer gathers information about the mishap, your focus is on recovering from your injuries. Continue medical treatment as prescribed and collect as many records as possible to support your injury claim.

The Health Insurance Portability and Accountability Act (HIPAA) ensures a patient’s right to their protected health information (PHI). When you file a request for your PHI, the clinic or hospital should release what’s known as a “designated record set.”

As the name suggests, it’s a set of documents that comprises:

• Billing and medical records maintained by the healthcare provider
• Case management records maintained under a specific health plan
• Any medical reports used to make decisions regarding the patient’s treatment

Depending on the healthcare system, you can file for an HIPAA disclosure in writing (e.g., form) or via electronic formats (e.g., email, web portal). The clinic or hospital has 30 days from receiving the patient’s request to delivering the records. If this isn’t possible for a valid reason, they can inform the patient and ask for a one-time 30-day extension. (2)

Lawyers are generally prohibited from requesting HIPAA disclosure on their client’s behalf. They’ll need a subpoena for this, and even then, it must have the client’s consent.

Settlement Period

At this point of the settlement timeline, the victim may have finished their treatment, and the lawyer has finished their investigation. The plaintiff can then proceed with the negotiations.

Auto accident settlement can be done through trial or out of court (also known as a pretrial settlement). A car accident lawyer would often choose the latter first to avoid the high cost and long wait times of court proceedings. Only a small fraction of personal injury claims, far less for car accident ones, ever reach the court.

In settlement negotiations, both parties present their sides of the story and agree to a fair amount in damages. This is where the plaintiff backs their argument with all the evidence gathered over weeks or months, including medical records, photos and videos, and even witness statements. Both parties will examine the evidence for discrepancies or errors.

Multiple factors determine the maximum possible amount. However, data published by the Insurance Information Institute reported an average cost of USD$6,551 in property damage and USD$26,501 in bodily injury among auto claims filed in 2023. It isn’t unusual for damages to reach six or seven figures for the most severe cases. (3)

Conclusion

Car accident victims can expect a settlement agreement within months if they take the necessary steps right after the crash. The important thing here is to keep the evidence fresh enough to be admissible in court or an out-of-court settlement.