How Long Will My Rear-End Car Accident Claim Take?
Recovering compensation for injuries and property damage resulting
from rear-end vehicle collisions means the injured person has to prove
1) that the other driver was at fault, and 2) the extent of the
resulting “damages,” meaning injuries, lost income, and other losses.
But how long will this process take?
While personal injury claims
resulting from a rear-end collision can be resolved at almost any point
between the time of the accident and the moment a judge or jury renders
a verdict at the conclusion of a trial, resolution is most likely to
occur during specific phases in the life of a claim. Let’s take a look
at some possibilities.
Resolution Before a Lawsuit Is Filed
The rear-end car accident claims most likely to be resolved without
ever filing a lawsuit -- that is, during “early settlement” -- include
those in which all parties fundamentally can agree about what happened
and the resulting damages.
This usually means that:
- injuries are minor or at least not susceptible of worsening over time
- the claimaint did not have any pre-existing injuries that the accident is alleged to have aggravated
- the driver who rear-ended the stopped vehicle was undisputedly the only person at fault, and
- the at-fault driver was covered by insurance at the time of the accident.
This kind of “clear liability” case still must be supported by evidence of liability and damages, such as:
- written statements of eyewitnesses
- photos of the accident scene, damage to vehicles, and injuries
- medical reports from doctors
- medical bills
- estimates and/or receipts for repairs of vehicle damage, and
- proof of lost earnings for any work absences caused by the accident.
In such instances, there really is nothing to argue about in court. That usually becomes clear within the first 30 to 90 days after an accident, during which time settlement would be likely.
That means the insurance company representing the at-fault driver
writes a settlement check to the injured person, who in turn signs a
release giving up any future right to sue over the accident. Learn more
about The Role of Insurance in Settling an Injury Claim.
Resolution During Discovery and Motions
After a lawsuit is filed, during the “discovery” phase of the case,
the parties must adhere to specific timelines for gathering information
that could be useful at trial -- that includes documents; sworn
testimony of parties and witnesses (depositions), and written questions and answers between the parties (interrogatories).
During this phase, disputed facts become clearer, both in terms of how
the accident happened and the nature and extent of injuries and property
damage actually resulting from the accident.
For example, if it turns out that the person who was rear-ended (the
“plaintiff”) appears to have changed lanes abruptly and slammed on the
brakes just before being rear-ended, giving the defendant’s vehicle
insufficient time and distance to stop, that fact would suggest that the
plaintiff may well share the fault -- or even bear complete
responsibility -- for any resulting injuries or damages.
The discovery phase usually lasts from six to 12 months following the lawsuit’s filing.
After the discovery process, evidence may show that the plaintiff has
fallen short of proving facts that support the required elements of the
case. The defendant then may seek to have the case dismissed by various
formal motions to the court, such as a motion to dismiss or a motion for
summary judgment. If these motions are denied (meaning the lawsuit is
not dismissed), the defendant could become very motivated to settle
rather than press on.
Mediation
Shortly after discovery is completed, most courts schedule the
parties for what is called “alternative dispute resolution” (ADR) --
typically in the form of mediation -- to encourage them to reach a
resolution with the help of a neutral third party. The mediator can help
the parties understand the most likely outcome if the case goes to
trial -- how a judge or jury probably will decide -- and manage
expectations accordingly.
In a rear-end car accident case, a mediator can help the parties see
how successful their arguments and evidence might be on such issues as:
- whether the plaintiff was partially at fault
- if the plaintiff’s injuries were indeed caused by the accident
- whether the defendant was distracted by texting and did not see the plaintiff stop
- the fact that the road was slick from a hard rain, requiring a longer following distance to stop safely, or
- whether the tread on the defendant’s tires was below the legally required minimum depth.