Settlement FAQs

how long does auto accident settlement take michigan

by Prof. Hector Gislason Jr. Published 3 years ago Updated 2 years ago
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In most cases, a person should receive their settlement check within thirty days of signing the Settlement Release Agreement and sending it back to the insurance adjuster or defense attorney.

Full Answer

How long does it take to settle a car accident claim?

Because every accident claim involves different circumstances, there is no universal timeline that applies to every situation. Nonetheless, on average, it takes approximately 8 to 16 months from the date a case is started until a plaintiff receives a final settlement payment. However, this is only an average.

What is the maximum Michigan car accident settlement offer?

The maximum Michigan car accident settlement offer by the at-fault driver was $600,000. This was largest reported car accident verdict in Michigan and the second largest reported verdict in all of Michigan for the year.

What happens if I don’t plan to pay back my Michigan car accident settlement?

Third, there are potential liens you might be responsible for paying back out of your Michigan car accident settlement. Health insurance companies and Medicare may claim a portion of your settlement and if you did not plan for this payback, you could be left with little or nothing.

Do I need a Michigan accident lawyer to settle my claim?

While you do not need a Michigan accident lawyer to settle your car crash injury claim, you should be aware of many serious mistakes that you can make without an experienced attorney on your side. These mistakes can result in receiving much less compensation than you deserve.

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How long does an insurance company have to settle a claim Michigan?

1. Must pay all reasonable and necessary expenses within 30 days of receiving sufficient documentation of the claim (proof of loss), including medical bills, replacement services, and wage loss. 2. Will owe 12 percent simple interest if your claim is not paid within 30 days after they have received proof of loss.

How long do most car accident settlements take?

How long does it take to get a settlement check from a car accident? This depends on the facts of your case, but in general, anywhere between 9-18 months.

How much can someone sue you for a car accident in Michigan?

Besides the mini-tort limit of $3,000 for the vehicle damage repair costs, there is no limit to what you can sue the other driver for injuries related to a car accident. However, the reality is a case for pain and suffering or outstanding medical expenses is limited by the amount of insurance involved.

Why is my car accident settlement taking so long?

High Value Claims In cases of serious injury or extensive property damage, the time it takes to settle your claim could be longer. The higher the value of your claim, the more complex the negotiation becomes and the longer an insurance company may draw out the process.

How much are most car accident settlements?

The average settlement amount for a car accident is approximately $41,783.00. This figure may be high in comparison to national averages across the United States because the data includes more car accident settlements involving serious injuries.

How long does it take to negotiate a settlement?

The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve. By partnering with skilled legal counsel, you can speed up the negotiation process and secure compensation faster.

Is Michigan a no-fault state for car accidents?

Michigan law requires you to have no-fault automobile insurance on your car. If you have an accident, this required insurance pays for injuries to people and for damages your car does to other people's property and to properly parked cars. IT DOES NOT PAY FOR ANY OTHER DAMAGE TO CARS.

Who pays medical bills after car accident in Michigan?

Who Is Going to Pay Your Medical Bills After an Accident? Michigan is a no-fault auto accident state. Accordingly, your own car insurance company may be responsible for paying your accident-related healthcare costs. Your insurance company may have you complete an application for no-fault benefits.

What is the average payout for a rear end collision?

In most rear end accidents, the person who is rear ended is not badly injured. And in many cases where he or she is seriously hurt, there is limited insurance available. The average rear end car accident settlement is likely under $15,000.

Why would an insurance company not want to settle?

Insurance companies are businesses. Settling a claim often means paying out more than they want to. Their goal is paying as little as possible and limiting their liability in the event of an accident. For this reason, insurers may refuse to settle because they want to try to lessen how much they pay, if anything.

Should I accept the first offer on a personal injury claim?

Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.

Why do cases take so long to settle?

The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation. You have not reached maximum medical improvement from your injuries (this will be explained below)

Report the Accident to Your Insurance Company

Immediately following the accident, there are some first steps to take at the scene. Many of these actions are intuitive, such as calling for the police and for medical assistance, but these steps can be easy to forget in the stress of the situation.

No-Fault Car Insurance

Michigan is a no-fault insurance state, which means that your own auto insurance coverage pays for your medical expenses and other out-of-pocket losses after a car accident (up to policy limits), regardless of who's to blame for the accident.

Michigan Car Accident Settlement Process and Timeline: Overview

Anyone who's involved in a vehicle collision will want to know how long the settlement process will take. However, each case is unique and depends on specific details. The chart below breaks down the relevant statutes with a helpful, plain language overview of the Michigan car settlement process and timeline.

Contact an Attorney for Help With the Accident Settlement Process

Resolving a settlement claim may only take a few months or it can last several years. As early as possible, you'll want to have a professional at your side who understands Michigan's car accident settlement process and timeline, and who will protect your interests.

How long does it take to settle a car accident in Michigan?

Unfortunately, there is no average time for a Michigan car accident settlement. There are so many variables at work that it’s impossible to predict exactly how long it will take to settle a car accident case in Michigan.

What is the average time for a Michigan car accident settlement?

Unfortunately, there is no average time for a Michigan car accident settlement. There are so many variables at work that it’s impossible to predict exactly how long it will take to settle a car accident case in Michigan.

How to receive your car accident compensation in Michigan?

There are three ways that auto accident victims in Michigan can receive pain and suffering compensation after having been injured in a car crash:

What is the factor in determining the value of a car accident settlement in Michigan?

Determining who was at-fault in causing the auto accident that injured a victim is a crucial factor in determining the potential Michigan car accident settlement value of a case.

What happened to the tire that separated from the truck?

A tire that separated from a truck on the highway hit the victim who was riding in a passing vehicle, causing the victim to suffer a traumatic brain injury with cognitive impairment and facial fractures. This was the top-reported personal injury settlement in a wheel separation auto accident crash in Michigan in 2017.

What happened to the truck driver on I-75 in Macomb County?

Gravel hauler crash on I-75 in Macomb County attributed to truck driver drowsiness from taking epilepsy medication for seizure disorder. This was the largest truck accident settlement and the largest reported overall personal injury settlement in Michigan for that year.

What was the maximum settlement for a man who was injured in a car accident in Michigan?

The maximum Michigan car accident settlement offer by the at-fault driver was $600,000. This was largest reported car accident verdict in Michigan and the second largest reported verdict in all of Michigan for the year.

How long does it take for a car accident to settle?

In general, you can expect settlement negotiations to last at least 2-3 months for a minor accident wherein you sustained “simple” injuries from which you quickly recover fully. On the other hand, if you sustained multiple and/or serious injuries from which recovery is prolonged or even impossible, it may well be a year or longer before your lawyer can convince the other driver’s insurance company to offer you a reasonable settlement.

What happens if the insurance company refuses to pay you a reasonable settlement?

As stated, if the other driver’s insurance company proves to be unreasonable, recalcitrant or otherwise unwilling to offer you a reasonable settlement, your ultimate option may be a jury trial. Broadly speaking, as the lawyers at Cohen & Cohen explain, juries tend to empathize with an injured plaintiff more than with an insurance company whose only purpose is to pay the injured plaintiff as little as possible.

Can a lawyer settle a car accident case?

Unfortunately, however, your car accident lawyer may not be able to give you a straightforward answer. In fact, he or she likely won’t be able to do so.

Is it ethical to accept a settlement offer?

Keep in mind that your lawyer is ethically bound to advise you of all settlement offers. A good lawyer, however, will also advise you of his or her belief that you can do better if you wait a little longer or even, as a matter of last resort, allow him or her to take your case to a jury trial. In other words, the decision to accept or reject a settlement offer is always yours to make. Your lawyer’s responsibility is to make sure you have all the facts necessary to make an informed decision.

How Long Does it Take to Get a Settlement from a Car Crash?

Therefore, the adjuster simply pays the entire policy right away. However, many cases could take up to a year or more to get a settlement check after an accident because the victim is still recovering and the future effects of the injuries are unknown.

What is the Average Car Accident Settlement?

There is no “average car accident settlement amount” and every case is different. This would be similar to asking “what is the average house price?” and this would lead to dozens of other questions to narrow down a possible price range. Our attorneys will determine the proper compensation amount for your case, which is really the only one that you should care about anyways.

What is My Case Worth?

If you were injured in accident and want to know what your case is worth, contact our award-winning attorneys today to discuss your case. We will listen to your story and explain how we can help you win the highest possible settlement using the factors that determine the right compensation amount.

What happened to the Dearborn car accident?

A passenger was injured in a Dearborn car accident when it was rear-ended by another vehicle. The passenger suffered post-concussive syndrome, rotator cuff tears, and a cervical disc herniation which required surgery. $5,000,000 auto negligence settlement.

What factors determine the amount of a car crash settlement?

Many factors used to determine the amount of a car crash settlement. Recoverable damages include the seriousness and permanence of the injuries, as well as the effect of the injuries on the victim’s life. Cases involving traumatic brain injuries, spinal cord injuries, and wrongful death often result in the highest amounts.

How much was the settlement for the Detroit car crash?

The vehicle and passengers sustained serious and permanent damages in the rear-end crash. $525,000 settlement for Detroit motorist struck on highway shoulder. A car driver was struck by a negligent motorist swerving into the shoulder of a highway, causing major injuries and vehicle damage.

What to do if an insurance adjuster is unwilling to pay?

If the adjuster is unwilling to pay a fair settlement amount, we will file a lawsuit and press forward to win you the maximum possible compensation.

How Long Does it Take to Receive a Car Accident Settlement?

Nonetheless, on average, it takes approximately 8 to 16 months from the date a case is started until a plaintiff receives a final settlement payment. However, this is only an average. Some cases may settle faster, or, when a victim sustains severe or permanent injuries, the time frame is often longer. If a case goes to trial, it could take two years or more to achieve a resolution.

What Are the Steps to Settle a Car Accident Claim?

While every case is different, here are the basic steps involved in settling most car accident claims:

Is it Better to Settle a Case or Go to Court?

In this instance, the advice of a reputable car accident attorney is invaluable. Lawyers who handle many car accident claims know whether an out-of-court settlement or a trial will accomplish the best result.

How Long Does It Take to Receive Payment After a Case Is Settled?

For a plaintiff who suffered serious physical and emotional harm, a lengthy car accident lawsuit can be emotionally draining. Understandably, most victims want their claims resolved as quickly as possible so they can put the experience behind them and focus on healing. Moreover, many plaintiffs need the settlement money to cover medical bills and other expenses they incurred as a result of the accident.

Why do settlements take so long?

Here are some additional reasons a settlement may take longer than anticipated: 1 The insurance company delays responding to the demand package 2 The other driver and/or their insurer disputes who is at fault for the accident 3 The defendant asserts the plaintiff’s injuries were pre-existing rather than a result of the accident

Why do insurance companies go to court?

Insurance companies usually want to avoid a trial, which is costly and time-consuming. Therefore, simply knowing the victim’s attorney is prepared to go to court may be enough to motivate the insurer to increase its settlement offer. Sometimes the parties use an outside mediator to assist in the negotiations. Many cases are settled during this phase of the legal process.

What is an initial settlement offer?

Initial offer. The insurance company may make an initial settlement offer, which is typically far below what most victims need and deserve to compensate them for their losses . Depending on the situation, your attorney may make a counter offer before proceeding to the next step. Demand package.

The Severity of the Injuries

Settlements for minor injuries such as cuts and bruises can be achieved quickly. Their extent, impact on your life, and the length of time to recover are known. You can deal with these injuries through Michigan’s no-fault insurance law compensation scheme.

The Question of Liability

Under Michigan’s comparative negligence laws, the amount of your compensation may be reduced depending on your level of fault in the accident.

The Amount of Damages

The insurance company will try to slow negotiations if it is apparent they face a large payout. They are in the business of making profits, so keep large payments off their balance sheets for as long as possible.

Case Load in the Community

If your case does go to trial, you may find that settlement of the claim faces a considerable delay. There are several reasons for this, such as:

Consult an Attorney to Recover the Compensation You Deserve

To recover a fair settlement, you need a skilled personal injury lawyer. At Cochran, Kroll & Associates P.C., our senior partner Eileen Kroll is also a registered nurse. She brings her expertise from five years as a practicing nurse to your case before being admitted to the State Bar in 1990.

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