Insurance claims can be notoriously slow to settle, and the truth is, while some cases resolve in a few months, others can take a year or more depending on the complexity of the accident, the severity of injuries, and how cooperative the insurance company is. Each case is unique so that means there is no one-size-fits-all timeline, but there are some common factors that impact a typical car accident settlement. Here’s what to know about how long personal injury settlements can take in Texas.

Typical Car Accident Settlement Timelines

After a rear-end collision or other car accident, the first step after seeking immediate medical attention is to file a claim with the at-fault driver’s insurance company. Texas follows a fault-based system, which means the driver responsible for the accident (or their insurer) must cover damages. The Texas Department of Insurancerequires insurers to acknowledge a claim within 15 days.

Once the claim is filed, a series of cascading events take place - all of which can influence the timeline in various ways:

• Medical treatment and recovery – Your medical treatment timeline is one of the biggest factors in how long your claim takes. Settling too early before fully recovering can lead to insufficient compensation for future medical bills. If you suffered minor injuries, you may complete treatment in a few weeks. More serious injuries, such as whiplash, fractures, or traumatic brain injuries, can take months or longer to heal. Your lawyer will typically watch and wait for improvement before demanding a settlement. Keep in mind, however, that the statute of limitations for car accidents in Texas is two years from the date of the accident.

• Negotiating with the insurance company – Once you’ve completed treatment, your attorney will send a demand letter to the insurance company outlining your medical expenses, lost wages, pain and suffering, and any other damages. Insurance companies rarely accept the first demand and will often make a low The back-and-forth negotiation process can take anywhere from a few weeks to several months, but negotiation is one of the keys to getting the best settlement from a car accident. If the insurer refuses to offer a fair settlement, your lawyer may recommend filing a lawsuit.

• Filing a lawsuit – If negotiations fail, your lawyer may file a personal injury lawsuit in a Texas court. The legal process can take several months to over a year, depending on court schedules and whether the case goes to trial. Pre-trial negotiations may still lead to a settlement before the trial begins. If the case goes to trial, it may take a year or more to resolve.

Factors That Affect Settlement Timelines

Several factors can speed up or delay the settlement process, including the severity of injuries, disputes over who’s at fault, the number of parties involved, insurance company tactics and negotiations, and whether the case goes to court.

If you want to settle your Texas car accident claim as quickly as possible while still getting fair compensation, follow these steps:

• Seek medical attention immediately – Quick treatment creates a strong medical record.
• Gather strong evidence – Photos, witness statements, and police reports strengthen your case.
• Hire an experienced car accident lawyer – A lawyer can speed up negotiations and prevent insurance delays.
• Be patient and don’t accept a lowball offer – Settling too soon may leave you with unpaid medical bills.

To ensure you get the maximum compensation in the shortest time possible, work with an experienced Austin-based car accident attorney who can handle negotiations and fight for your rights.

If you have questions about a recent injury you sustained in a car accident, McKinney Vos offers free consultations to see if you have a personal injury case. Based in Austin, we serve clients throughout the state of Texas. Call us today at 512-457-8991 to schedule a free consultation.