How Long Does a Car Accident Settlement Take in Bergen County? The Complete Timeline
A car accident settlement in Bergen County typically takes anywhere from a few months for straightforward claims to more than a year for complex injury cases. The timeline hinges on the severity of your injuries, the clarity of who is at fault, and the insurance policies involved.
To discuss the specifics of your situation, call Maggiano, DiGirolamo & Lizzi, P.C. for a no-cost consultation at (201) 585-9111.
Table of contents
- The Three General Timelines for a Bergen County Car Accident Claim
- What Are the Stages That Shape Your Settlement Timeline?
- Key Factors That Influence Your Settlement Timeline in Bergen County
- I’ve Agreed to a Settlement—How Long Until I Get My Check?
- Frequently Asked Questions About Bergen County Car Accident Settlements
- Your Path Forward Starts Here
The Three General Timelines for a Bergen County Car Accident Claim
Every car accident is different, and the path to a settlement reflects that. However, most cases fall into one of three general timelines.
The Simple Claim (A Few Months)
A clear-cut accident, like a rear-end collision on Main Street in Fort Lee, resulting in injuries that resolve with a few months of treatment. Fault is not in dispute. These types of claims, where liability is obvious and injuries are minor, often settle within one to three months.
The timeline
These cases can often be resolved shortly after you finish your medical treatment. The process is typically straightforward because the damages are less contested, allowing for a quicker agreement.
The Moderately Complex Claim (6 to 18 Months)
The accident involves a dispute over liability, such as who had the right-of-way at an intersection in Teaneck. Your injuries may require more extensive treatment, like physical therapy or minor surgery. These cases usually involve more negotiation with the insurance company.
The timeline
Negotiation takes longer because the value of the claim and the percentage of fault are debated. The majority of car accident lawsuits resolve within this six-month to one-year timeframe. It requires a more detailed investigation and back-and-forth to reach a fair number.
The Highly Complex Claim (Over a Year, Potentially Several Years)
The accident results in life-altering injuries or involves multiple vehicles, such as a major trucking accident on Route 17. These cases require extensive investigation, multiple expert witnesses, and may proceed to a lawsuit because the stakes are so high.
Our experience
Our firm has handled cases involving catastrophic injuries in Bergen County that have resulted in multi-million dollar settlements and verdicts. These outcomes require a significant investment of time and resources to build. They involve deep analysis of long-term medical needs and the full impact on your life and family.
What Are the Stages That Shape Your Settlement Timeline?
Stage 1: The Foundational Work — Investigation and Evidence Gathering (Weeks 1-4)
The initial police report is just the beginning. Our investigation goes deeper to build a comprehensive picture of what happened.
What we do:
- Preserving Evidence: We move quickly to secure photographs from the scene, vehicle data from the “black boxes,” and statements from any witnesses. In a community as diverse as Hackensack or Lodi, this might mean working with interpreters to ensure every account is captured accurately. Memories fade fast and physical evidence degrades, so this initial work is time-sensitive.
- Identifying All Liable Parties: Sometimes, the driver who hit you isn’t the only one at fault. Other potentially responsible parties could include their employer (if they were working), a vehicle manufacturer for a defective part, or even a government entity for a poorly maintained road.
- Analyzing Insurance: We identify and review all applicable insurance policies—yours, the other driver’s, and potentially others—to understand the full extent of coverage available for your recovery.
Stage 2: The Waiting Period — Reaching Maximum Medical Improvement (Timeline Varies)
Maximum Medical Improvement (MMI) is the turning point in your legal timeline when your doctors determine that your medical condition has stabilized, and further significant improvement isn’t expected. It does not mean you are fully healed, but it gives a clear picture of your long-term prognosis and what future medical care you might need.
We cannot calculate the full value of your claim until we know the total cost of your medical care—past, present, and future. Settling before you reach MMI is a significant risk. If you accept an offer and later learn you need another surgery, you would be responsible for those costs out-of-pocket. Rushing this stage is a gamble we are not willing to take with your future.
What about my bills right now?
This waiting period can be financially stressful, which is why New Jersey has a “no-fault” system. Your own Personal Injury Protection (PIP) coverage is the first line of financial aid for your immediate medical expenses, regardless of who was at fault in the crash. This system is designed to get your initial medical bills paid promptly so you can get the care you need without delay.
Stage 3: Building Your Case — The Demand Package and Negotiation (1-3 Months)
The Demand Package
Once you have reached MMI, we compile a comprehensive demand package. This detailed document tells the story of your accident and its profound impact on your life. It is supported by all the evidence we have gathered: medical records, expert reports, calculations of your lost wages, and a thorough analysis of your pain and suffering.
The Negotiation Process
We submit this package to the at-fault party’s insurance company to begin formal settlement negotiations. Their first offer is almost always a low starting point. The back-and-forth that follows is a deliberate, strategic process. Our familiarity with the adjusters and insurance companies that handle claims in Bergen County allows us to counter their tactics effectively and work toward a fair resolution.
Stage 4: Increasing Leverage — Filing a Lawsuit (If Necessary)
The vast majority of personal injury claims—over 95%—are settled out of court. However, if an insurer refuses to negotiate in good faith or make a fair offer, filing a lawsuit becomes a necessary tool to protect your rights.
New Jersey law sets a strict two-year deadline, known as the statute of limitations, to file a personal injury lawsuit. If you miss this deadline, you lose your right to recover any compensation through the court system forever. This is why consulting with an attorney well before the deadline approaches is so important.
Key Factors That Influence Your Settlement Timeline in Bergen County
Several key variables stretch or shorten the time it takes to resolve your case.
The Severity and Complexity of Your Injuries
A claim involving a sprain or whiplash from a fender-bender in an Englewood Cliffs parking lot will almost certainly resolve faster than a case involving a traumatic brain injury or spinal cord damage from a high-speed crash. Catastrophic injuries require input from medical and economic experts to create a life care plan, which details the cost of all future medical treatment, assistive devices, and home modifications. This process is thorough and takes time.
Disputes Over Fault and New Jersey’s Negligence Law
If the other driver’s insurance company disputes that their client was 100% at fault, the case will take longer. This is common in accidents at intersections or during lane changes. They may try to argue that you were partially to blame to reduce the amount they have to pay.
New Jersey follows a modified comparative negligence rule. In simple terms, this means your settlement can be reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 20% at fault, your award is reduced to $80,000. If you are found to be more than 50% responsible for the accident, you are barred from recovering any compensation at all under state law.
The Insurance Company’s Tactics
Some insurance carriers have internal policies to “delay, deny, and defend” claims, regardless of their merit, as a way to protect their profits. Others are more reasonable and willing to negotiate in good faith. Our attorneys are familiar with the tactics used by the major insurers in New Jersey, and we know how to counter their strategies to keep your case moving forward.
The At-Fault Driver’s Insurance Policy Limits
If the at-fault driver has a minimum insurance policy, the case might resolve more quickly simply because the amount of available money is limited. However, if your damages—medical bills, lost income, and other losses—exceed their policy limit, the case becomes more complex. We would then need to investigate pursuing a claim against your own Underinsured Motorist (UIM) coverage, which adds another layer to the process.
I’ve Agreed to a Settlement—How Long Until I Get My Check?
Reaching a settlement agreement is the final major hurdle, but a few administrative steps remain before the funds are in your hands. This final stage typically takes between 30 and 60 days.
Step 1: Signing the Settlement and Release Agreement
You will review and sign a legal document that formalizes the settlement terms. This document, called a release, states that in exchange for the settlement funds, you release the other party from all future liability related to the accident.
Step 2: The Insurer Issues the Check
After our office sends the signed release to the insurance company, they will process the payment. The settlement check is made out to you and our firm and sent to our office.
Step 3: Resolving Liens and Finalizing Your Payment
Before we disburse your funds, we must pay any outstanding liens against your settlement. A lien is a legal right to payment held by a third party. This could include your health insurance company or a hospital that treated you. Our office will use the settlement funds to pay these liens, as well as any case expenses and legal fees as outlined in our agreement. We then issue you a check for the remaining net amount, along with a detailed statement showing exactly how every dollar was allocated.
Frequently Asked Questions About Bergen County Car Accident Settlements
Will I have to go to court to get my settlement?
It is highly unlikely. The great majority of car accident cases in New Jersey are resolved through negotiation and settlement, without ever going to a trial. Filing a lawsuit is often merely a strategic tool we use to show the insurance company we are serious. It motivates them to come to the table with a fair settlement offer.
What if the other driver was uninsured or fled the scene in Palisades Park?
You are not without options. In this situation, you can file a claim through your own Uninsured Motorist (UM) coverage, which is mandatory on standard auto policies in New Jersey. The process is similar to making a claim against another driver’s insurance, but you will be dealing with your own insurance company to get the compensation you need.
How does my choice of auto insurance policy affect my case?
In New Jersey, when you buy auto insurance, you must choose between two main options: the “Limitation on Lawsuit” (also called the “verbal threshold”) and the “No Limitation on Lawsuit” option. If you chose the cheaper “Limitation on Lawsuit” option to save on premiums, your right to sue for pain and suffering is restricted unless you suffer one of the serious injuries defined by the statute, such as a displaced fracture or a permanent injury.
What happens if my medical bills are more than my PIP coverage?
New Jersey requires a minimum of $15,000 in PIP coverage, but you have the right to purchase much more, up to $250,000. Once your PIP benefits are used up, your outstanding medical bills can be submitted to your private health insurer. We can also include these excess medical costs as part of your settlement demand against the at-fault driver.
Why can’t my lawyer give me an exact date for when my case will settle?
Because the timeline depends on factors outside of anyone’s complete control: how long it takes your body to heal, the caseload of the specific insurance adjuster assigned to your file, and their company’s willingness to negotiate fairly. Providing a premature or guaranteed date would be unethical. Our commitment is to move your case forward deliberately and strategically, with the goal of securing full value, not to rush to a premature and inadequate settlement.
Your Path Forward Starts Here
From the diverse communities of Teaneck and Englewood to the bustling center of Hackensack, we understand that a car accident disrupts lives in very personal ways.
You do not have to manage this process while trying to put your life back together. Your focus should be on your health and your family. Let our focus be on the legal details.
Call an experienced Bergen County personal injury lawyer at Maggiano, DiGirolamo & Lizzi, P.C. today at (201) 585-9111 for a confidential, no-cost conversation about your case.
