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How Long Does It Take to Receive an Insurance Settlement After an Accident?

Seth Harris

Last modified on March 13, 2023

Insurance SettlementCar accidents are often painful, stressful, and life-altering. In addition to the physical injuries and emotional trauma they cause, accidents can also result in significant financial losses. One of the most pressing concerns for many accident victims is seeking compensation for what they suffered. In many cases, this compensation comes in the form of an insurance settlement, in which the liable insurer cuts a check to the injured party, who in turn waives the right to future claims against the insurer.

The timeline for receiving an insurance settlement after an accident in New York varies depending on several factors, but it is possible to estimate a rough timeframe of a few weeks to a few months.

New York Insurance Laws and Regulations

Before we dive into the timeline for receiving an insurance settlement in New York, it is important to understand the laws that govern insurance claims in the state. New York has no-fault insurance, which means that most accident victims start by filing a claim with their own Personal Injury Protection (PIP) insurance provider, regardless of fault. There are some exceptions to this, such as in the case of pedestrians or bicyclists.

PIP provides coverage for medical expenses and lost wages up to a certain amount, regardless of who is at fault for the accident. This coverage is mandatory for all drivers in the state and can significantly affect the timeline for receiving a settlement. Only those who suffer “severe injuries,” as defined by the state, can step outside the system and file a claim against the at-fault driver’s liability insurance policy.

The Settlement Process in New York

The first step in the process of pursuing an insurance settlement after an accident in New York is filing a PIP claim. If you were driving a car, then you’d file with your own policy. If you were walking or riding a bike, you should have coverage through the PIP policy carried by the driver who hit you. It is essential to file your claim as soon as possible after the accident, as insurance companies have deadlines for filing claims.

Assuming your injury does not meet New York’s severity threshold, PIP should cover reasonable medical expenses and 80 percent of your lost wages, up to the policy limits.

However, if PIP isn’t enough to cover your expenses and your injuries meet the definition of “severe,” you might need to file a liability claim against the at-fault driver. Once you do so, the insurance company will assign an adjuster to investigate the claim. The adjuster will investigate the accident, review all medical records, confirm the severity of your injuries, and speak with any witnesses. The investigation can take a few days to a few weeks, depending on the complexity of the claim and how much information is available.

Once the adjuster completes their investigation, they might offer a settlement figure. If you accept the offer, you will likely receive a check for the settlement amount within a few days. However, if you feel the settlement offer is inadequate, you can negotiate with the insurance company to reach a more satisfactory amount.

Negotiations can take some time, especially if the insurance company is hesitant to offer a fair settlement. You may need to provide additional evidence to support your claim, such as medical bills or repair estimates. If you are unable to reach an agreement with the insurance company, you may need to consider legal action. This can significantly extend the timeline for receiving a settlement and may take several months or longer.

Factors That Affect the Timeline for Receiving a Settlement in New York

Settlement.,Laws,,Litigation,,Lawyers,And,Compromise,Concept.,Wooden,Court,HammerSeveral factors can impact the timeline for receiving an insurance settlement after an accident in New York. The severity of the accident and the extent of your injuries are some of the most significant factors. If you have to file a liability claim, the insurance company will need to conduct a more in-depth investigation and review medical records, which can take additional time.

Comparative fault will also play a role in the settlement timeline. In New York, you can still recover compensation if you are somewhat to blame for the accident. Still, because your degree of fault will affect how much you can recover, the insurer may try to argue that you are more to blame than you were in an attempt to minimize its payout to you. Having a good lawyer on your side can prove especially helpful, as they can fight back against these tactics and limit your degree of fault.

Need Help? Contact a Personal Injury Lawyer Today

Were you hurt in a car accident in New York? If someone else was to blame, they could owe you money. Let the experienced New York car accident lawyers with Harris Keenan & Goldfarb help you demand it. We offer free, no-obligation consultations, so there’s no risk in contacting us to learn more.

Over $500 Million in Verdicts and Settlements

Our track record showcases over $500 million won for our clients. Each victory underlines our commitment to justice and client care. Explore our impact, case by case.

VERDICT

$17,500,000

A Brooklyn jury awarded Mr. Vargas $17.5 million for the City of New York’s violation of his civil rights for failing to provide him medical care while in custody. The jury found that the police officers involved failed to provide the necessary medical treatment and awarded $17.5 million to Mr. Vargas.

VERDICT

$4,730,398

Harris Keenan & Goldfarb partners Seth Harris and Sheri Holland obtained a $4,730,398.00 jury verdict on behalf of our client who tripped and fell at a private apartment building in the Bronx, suffering a broken foot that developed a very painful, permanent neurological condition called Reflex Sympathetic Dystrophy (“RSD”).

VERDICT

$12,561,772

A Bronx jury awarded John Doe over $12 million for an accident on a construction site. John Doe was working when a piece of scaffold weighing 35 pounds fell, striking John Doe in the lower back. John Doe suffered a herniated disc requiring surgical removal of a portion of the disc and permanent nerve damage.

VERDICT

$10,500,000

A Bronx jury awarded $10.5 million to the mother of Malcolm Ferguson, who was wrongfully shot and killed by the New York City Police Department. The police officer, Louis Rivera, also a defendant in the case, was found to have used excessive force in violation of Malcolm Ferguson’s civil rights as protected under the United States Constitution.

VERDICT

$4,000,000

A Bronx jury awarded plaintiff William Cardoza $4 million for injuries caused by the use of excessive force during an arrest. During the arrest, Mr. Cardoza was pepper-sprayed and repeatedly hit with a police nightstick. As a result, Mr. Cardoza sustained injuries to his hand and finger.

VERDICT

$3,470,670

The firm’s client, a 33-year-old teacher’s assistant, was scalded by an espresso machine that exploded while the defendant’s employee was demonstrating how the machine worked. The client was a customer at the defendant’s coffee shop on the date of the accident and suffered first-degree burns to her right (dominant) hand.

VERDICT

$4,000,000

The firm represented the mother- decedent and her infant son. During the decedent’s admission to the defendant hospital, the defendant dispensed anesthesia during an epidural to the decedent in an inadequate manner. The mother-decedent suffered personal injuries and wrongful death due to the defendant’s failure to properly administer epidural anesthesia.

VERDICT

$3,823,000

Mr.Brennan fell from approximately 25 feet while working on a construction project. He suffered a shattered bone in his right leg requiring surgery and hardware placement. Mr. Brennan also suffered two fractures in his facial bones, and a dislocated finger requiring surgical repair.

VERDICT

$2,750,000

The firm’s client was a child with cerebral palsy who was injured as a result of medical malpractice. The firm’s clients claimed improper management of pregnancy, labor, and delivery resulting in brain damage, and received a Brooklyn personal injury settlement.

VERDICT

$1,677,835

The firm’s client, a 63-year-old mentally incompetent man, slipped and fell in his own urine while attempting to walk to the bathroom at the defendant’s senior citizen home. The client fractured his hip and as a result is confined to a wheelchair for the rest of his life. The client claimed that the staff of the home failed to properly care for him, and the jury awarded $1,677,835.

VERDICT

$2,995,000

The firm’s client, a 47-year-old male, slipped and fell on a public sidewalk in the Bronx. It had snowed four to five days prior to the date of the accident, and the sidewalk was covered with ice. The client suffered a lumbar fracture and a herniated disc. The jury found the city liable and awarded the client a $2,995,000 personal injury settlement in the Bronx.

VERDICT

$2,610,000

A Bronx jury awarded plaintiff Luis Molina $2.61 million for injuries sustained when he fell down a subway station stairway. Mr. Molina was caused to slip and fall as a result of a plastic bag that had blown onto the steps from a street opening. As a result of the fall, Mr. Molina suffered a herniated disc and a tear of his right shoulder’s rotator cuff. The jury found that the NYC Transit Authority was liable for the accident.

VERDICT

$2,253,714

A Bronx jury awarded Ms. Colon $2.25 million for a trip and fall accident. Ms. Colon was caused to fall when she moved to the right to allow another pedestrian to pass, and her foot rolled to the outside due to the sidewalk being unlevel with the adjoining grass. The jury found the defendant liable and awarded Ms. Colon $2,253,714.00 for her pain and suffering.

VERDICT

$1,900,000

A Brooklyn jury awarded Arvella Floyd $1.9 million for a fractured wrist which required multiple surgeries, including an open-reduction internal fixation and a carpal tunnel release. Ms. Floyd was injured when the hot water knob of the shower fell off after numerous complaints to the superintendent, and scalding water spewed toward her, causing her to
fall and break her wrist.

VERDICT

$1,350,000

A Bronx jury awarded plaintiff Juanita Young $1,350,000 for injuries caused by the use of excessive force during an arrest. During the arrest, Ms. Young, who is legally blind, was handcuffed from behind, with her children watching, and taken to the top of the stairs to exit the building. The officer proceeded to push her down the stairs multiple times.

What Our Clients Say About Us

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00:47 22 Jun 24
I contacted Burns and Harris, this company which is renamed now, about two years ago about my injury. I even had an in person meeting with Stephen LaRocca.I had to chase him for a year just to sign something, in the end I just gave up. Pretty appalling company and even worse than people have written. I can only imagine the people who haven’t taken the time to write your review. Don’t bother with them.
Cole ColdwaterCole Coldwater
19:36 20 Jun 24
My experience with Harris Keenan and Goldfarb was wonderful. My legal representative, Steven LaRocca with Samantha Walton always made me feel well defended and cared for, in a way that went beyond professional representation and into the realm of caring about me on a personal level. Steven, Samantha and Seth Harris got me a great outcome and I can’t thank them enough!
Elizabeth SantosElizabeth Santos
00:32 20 Jun 24
If I could give them a zero Star I would 0
Jennifer RosarioJennifer Rosario
14:16 05 Jun 24
The best law firm I have ever went with thank you so much
Angelo Del GuercioAngelo Del Guercio
20:03 11 May 24
Horrible people. I lost complete confidence in this firm. Attorneys dragged their feet for 4 years and my mom died before a settlement could be reached. I advised them several times that my mom was sick to put fire under their feet but the effort was to no avail.
david Santiagodavid Santiago
18:05 21 Mar 24
Maria RoqueMaria Roque
20:49 15 Mar 24
Excellent person, very Professional, they assist you in any language, your call is always answered. I recommend you for any case of support you have, your refund is satisfactory. and fast
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14:09 02 Mar 24
I am completely satisfied, and recommend Harris Keenan & Goldfarb as Attorneys to represent anyone. Their care for me physically, and overall helped me stay strong in spite of my injuries. Always available to answer questions, and inform.They got me Justice, and achieved a substantial outcome for my case.I am very impressed, and thankful for their outstanding performance on my behalf.I am very pleased, and significantly satisfied with their representation.‐-Sherylon Wilkins
Robert LennonRobert Lennon
15:26 21 Feb 24
Patient and diligence is how I describe the effort of HKG the work was thorough, honest and fair, I have no complaints. Special thanks to attorney Blake and his paralegal Thierry.
Gene Matos (fanboye)Gene Matos (fanboye)
18:48 15 Jan 24
I first crossed paths with Seth Harris when serving jury duty many years ago. He was so professional and personable, that when my mom was seeking legal counsel for medical malpractice, I told her she had to reach out to his firm. We had meetings with a few different firms, but Harris Keenan & Goldfarb was the only firm that did not try to get us to sign paperwork before even meeting. They took the time to listen and understand our situation before we signed anything, and they were transparent and responsive the whole time. I would like to give special thanks to Samantha Walton, Marla Stein, Val Wallace and Seth Harris for helping my mom through this tough time. They were honest and upfront, and even though Seth Harris wasn't personally on the case, he took the time to meet with us and give us his thoughts on it.
Solange IsaacSolange Isaac
17:52 08 Jan 24
I am pleased with the services provided by Ms Sheri on my case. The team at Harris, Keenan, & Goldfarb were very nice and explained everything to me. Everything that I had questions on they answered without frustration and were prompt and knowledgeable.6 years ago I had a slip and fall accident at my employers place of business. I reached out to them because I knew that I was being wrongfully treated. They took care of the case, restored my self confidence, and brought so much peace to my problem riddled life.I can recommend without a shadow of a doubt the services of Harris, Keenan & Goldfarb to anyone who is in need of someone who will have your back!
Brittany DempseyBrittany Dempsey
16:02 08 Jan 24
My mother had an accident with her ankle back in 2019. I immediately contacted Harris, Keenan & Goldfarb on the day of the accident. They were extremely prompt and helpful. They attended to my mother's case beautifully and she's been recovering well. I'd like to thank you for being so diligent, kind and above all professional. I'd recommend this law firm to anyone who are injured and in need of legal assistance. My mother, Andrea, and I thank you for everything.
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