We often get questions about how long it takes to settle a car accident claim. The answer depends on several factors—including the severity of your injuries, the complexity of your case, and the willingness of the insurance company to negotiate fairly. While some cases resolve quickly, others can take months or even over a year. Understanding what affects the timeline can help you set realistic expectations and make informed decisions throughout the process.
Step 1: The Investigation and Initial Claims Process
After an accident, the first step is to report the crash to law enforcement and your insurance company. In Wagoner County, this usually means an officer from the Wagoner Police Department or the Wagoner County Sheriff’s Office will prepare an official accident report, which is essential evidence in your claim.
Once your report is filed, your attorney will notify the at-fault driver’s insurance company of your intent to pursue a claim. The insurer will then assign an adjuster to investigate, review medical records, and evaluate fault.
This initial investigation can take anywhere from a few weeks to several months, depending on how cooperative both drivers and witnesses are and whether there are disputes about who caused the accident.
Step 2: Medical Treatment and Maximum Medical Improvement (MMI)
Before your claim can be settled, you’ll need to complete medical treatment or reach what’s called maximum medical improvement—the point at which your condition has stabilized and doctors can accurately estimate your future medical needs.
Insurance companies will not settle a case until they can clearly assess your total damages. If your injuries are minor, you may reach MMI within a few weeks. But if you suffered serious injuries—such as broken bones, head trauma, or spinal damage—your treatment could take months or longer.
Step 3: Negotiation With the Insurance Company
Once your medical treatment is complete and all damages are documented, your lawyer will send a demand letter to the at-fault driver’s insurance company outlining:
- Your injuries and medical expenses
- Lost wages or loss of earning capacity
- Pain and suffering
- Property damage
- Future medical needs
Negotiations typically last 30–90 days, depending on how quickly the insurance adjuster responds and whether they make reasonable offers. If the insurer refuses to settle fairly, your attorney may recommend filing a lawsuit in the Wagoner County District Court to protect your rights.
Step 4: Filing a Lawsuit (If Needed)
If settlement negotiations fail, the next step is filing a lawsuit. In Oklahoma, you generally have two years from the date of the accident to file a personal injury claim.
Once the lawsuit is filed, both sides exchange evidence in a process called discovery, which can include depositions, written questions, and expert testimony. This stage often lasts several months. Many cases still settle before trial, often after mediation or a court-ordered settlement conference.
Step 5: Receiving Payment After Settlement
After you reach a settlement or win at trial, it usually takes 2–6 weeks to receive your compensation. The insurance company must issue payment, your attorney deducts any legal fees or medical liens, and you receive the remainder as your net recovery.
Delays can occur if there are hospital liens, multiple insurance policies, or unresolved subrogation claims. A skilled Wagoner County accident attorney can help speed up this process and ensure all documents are handled correctly.
Factors That Can Delay Your Settlement
Several factors can lengthen the timeline of a car accident claim, including:
- Disputes over fault or comparative negligence
- Severe or long-term injuries
- Multiple vehicles or insurance companies involved
- Slow or incomplete medical documentation
- Insurance company delays or lowball offers
- Litigation or appeals after filing suit
The more complex your case, the longer it typically takes to reach a fair result—but patience often leads to higher settlements.
Wagoner County Personal Injury Attorneys
If you were injured in a car accident in Wagoner County, you don’t have to navigate the process and settle your claim alone. Oklahoma law gives you the right to pursue full and fair compensation for your medical bills, lost wages, pain, and suffering. Call our team of personal injury attorneys at Wagoner Attorneys at 918-283-7394 for a free consultation. Or you can follow this link to ask a free online legal question.
