The timeline for resolving a car accident case can vary widely, depending on the number of vehicles involved, the extent of vehicle damage and bodily injuries, and the prognosis and timeline for a physically injured victim’s full recovery. In New Hampshire, as well, state laws regarding auto insurance coverage and driver financial responsibility may mean that it becomes necessary to take additional steps to determine how an at-fault driver will provide compensation to car accident victims. Weighing all of the factors that may influence the car accident timeline in a particular case can be a complex undertaking, so you may wish to consult with an experienced Belknap County attorney to discuss the specifics of your situation. Call 603-707-4800 to connect with the Meredith car accident lawyers at Friedman & Bresaw, PLLC and schedule a conversation.
Immediately After the Accident
As soon as both (or all) vehicles come to a stop after a collision, call emergency services. They will likely provide instructions for safely moving damaged vehicles out of the lane of travel. If there are no obviously severe injuries, the drivers involved in the crash may be able to exchange insurance or other financial responsibility information while waiting for first responders to arrive on the scene.
Impact of Severe Injuries on Timeline for Clearing the Accident Scene
The number and categories of first responders dispatched to the scene of a car accident may vary, depending on the severity of the crash as described in the initial phone call with emergency services. If there are serious injuries on location and accident victims need to be removed by ambulance, it can often take longer for emergency services to clear the area and dismiss all uninjured persons than would normally be the case in an accident with minor injuries only.
These car accident cases involving significant injuries can also present some delays in the exchange of driver information, depending on who is injured. If another driver involved in the accident is unable to communicate at the scene, or if you yourself are seriously injured and in need of emergency medical intervention, you may need to obtain a copy of the accident report through the New Hampshire Department of Motor Vehicles (DMV) in order to follow up appropriately.
Collecting Evidence at the Scene
If you feel well and none of your passengers has suffered a significant, obvious injury, you may consider taking photographs at the scene of the crash before departing to seek medical assessment, as long as first responders do not issue any instructions to the contrary. Focus on capturing any bodily injuries and signs of vehicle damage from multiple angles, and as soon as emergency services personnel confirm that you are free to depart, seek out a health care professional who can perform a thorough examination.
Non-Emergency Medical Assessment
Even if you do not believe yourself to be injured, or do not believe your injuries to be serious, it is critical to seek medical attention as soon as possible after any motor vehicle accident – so as soon as you are cleared to leave the scene of the crash, the next crucial step is securing a thorough examination by a medical professional. Car accident victims may not always recognize symptoms of internal injuries immediately – potentially delaying time-sensitive medical interventions and losing chances to improve long-term outcomes. In addition, the documentation provided by a prompt medical evaluation after a car accident can prove crucial to the development of a car accident case, particularly if an at-fault driver (or their auto insurance provider) questions whether all of the claims filed are directly related to the car accident.
Initial Preparation for Seeking Compensation
Provided that a car accident victim’s injuries do not require hospitalization, there are a few steps they should normally be able to take in the first few days after the crash. These include:
- Request a copy of the accident report. In New Hampshire, this step can be accomplished conveniently through the DMV. Any documentation of fault indicated in the report may prove especially helpful.
- Verify the insurance or financial responsibility of all drivers involved. This step is typically needed only if exchanging such information at the scene of the crash was not possible for some reason (such as a need for urgent medical attention). The police report resulting from an accident will typically include insurance or financial responsibility information for all drivers involved; however, the DMV mentions that, because it can take a number of weeks for a police report to be filed with the DMV, individuals seeking restitution after a car accident may wish to file their own DMV Operator Report in order to facilitate the initiation of their insurance claims.
- Collect estimates for the costs of all vehicle repairs, or in more severe cases the estimated cost to replace a vehicle damaged beyond repair. Documenting the link between each repair service needed and property damage directly attributable to the accident can often prove helpful in the event that an insurance company attempts to contest the validity of any of the estimates submitted with a claim. At this stage it may also be helpful to confer with an experienced Belknap County car accident lawyer regarding what evidence may need to be collected and preserved prior to beginning any vehicle repairs.
- Document all medical expenses. Include wages lost due to time missed from work for medical appointments or from complying with activity restrictions recommended by a health care professional. Collect copies of all medical treatment records, and consider keeping a log or journal of any symptoms so that there will be a clear record if questions arise about the progression of those symptoms after the accident.
A car accident lawyer in Meredith or Laconia may be able to offer you additional guidance in a personalized consultation.
Filing a Claim
The timeline for filing a claim and receiving compensation can vary widely, depending on a few factors. These factors themselves may also independently vary from case to case, but in general some of the elements that can often influence the steps taken at this stage and how long they may take include:
- Whether the accident victim files with their own insurance company first: Because recovering compensation from another driver (or their insurance company) can be a time-consuming process, drivers who have this option in their auto insurance policies will often file a claim first with their own auto insurance provider and then go through whatever additional steps may be needed to secure the full compensation to which they are entitled. There may be valid arguments against attempting this option, so consider speaking with an attorney before you file any claim.
- Whether there is a clear determination of fault: New Hampshire is a comparative fault state, as described in RSA 507:7-d. If the police report shows clear indications that one party would likely be found to hold the overwhelming majority of responsibility for an accident, this clarity can sometimes expedite negotiations, as it will likely decrease the chances of the opposing party making a determined argument to reduce their financial liability.
- Whether both parties have auto insurance: Most drivers, even in New Hampshire where it is not a legal requirement, do carry liability auto insurance policies. A few, however, may not. If the at-fault driver does not have auto insurance, and must be subjected to a license suspension under RSA 264:3, the time it takes for the necessary report to be processed and for the order for suspension of license to be issued may cause the car accident settlement timeline to be extended somewhat.
A Laconia car accident lawyer may be able to help you determine how the factors present in your individual case may affect your car accident timeline.
Negotiating a Settlement
Generally speaking, car accident victims who file claims with the at-fault party’s auto insurance company can expect to receive an initial settlement offer a few weeks after their claim has been submitted. A claimant who has already retained the services of a car accident lawyer will typically receive their settlement offer through their attorney.
Even if you are not already working with professional legal representation, however, you may wish to consult with a lawyer who has substantial experience in handling car accident cases prior to accepting any offer, as the initial offer made by an insurance company is often too low to cover all of a victim’s damages arising from the crash, and in many cases may be less than the insurance company expects to ultimately pay. The Meredith car accident lawyers at Friedman & Bresaw, PLLC offer free consultations to car accident victims, so you may wish to schedule a conversation to gain the benefit of professional experience in evaluating an insurance company’s settlement offer in your car accident case.
Trial if Necessary
The settlement negotiation process can often be the lengthiest portion of the timeline for resolving a car accident claim, particularly if there are several turns of offer and counter, or when the accident victim needs to collect additional documentation to show the validity of disputed claims. The reality, however, is that most car accident cases do eventually arrive at an agreement for fair compensation, and settle out of court. When the parties are unable to reach a satisfactory agreement regarding fair compensation, on the other hand, the car accident case may have to be resolved through litigation. In that instance the final stage of the car accident case timeline will generally be the trial itself. Consulting with an experienced car accident attorney prior to proceeding with litigation is strongly recommended.
Speak With an Experienced Personal Injury Lawyer
The time it takes to resolve a car accident claim can depend on a number of different factors, some of which may overlap, further complicating time estimates. An experienced Laconia car accident lawyer who has seen multiple cases through to completion may be able to give you perspective on your car accident case timeline, based on the set of factors present in your unique situation. Call 603-707-4800 today to reach the personal injury team at Friedman & Bresaw, PLLC and set up a consultation to discuss your car accident case.
