You did everything right—filed the claim, got medical treatment, —but now you’re stuck in settlement limbo, waiting for that check to finally arrive. Why is your car accident settlement taking so long? Insurance companies love to stall, medical treatments take time, and legal red tape can drag things out. But don’t worry—we’re breaking down exactly what’s causing the delay and, more importantly, how you can speed things up.
What Is Car Accident Settlement
Let’s first make sure we’re on the same page about what a settlement means from a legal perspective. In a nutshell, a car accident settlement is the process of securing financial compensation for injuries, medical bills, lost wages, and other damages caused by a crash. It’s not just about getting your car repaired—it’s about ensuring you don’t pay out of pocket for someone else’s mistake. Legally, the process involves several key stages, which may vary from case to case but generally follow the same structure.
Steps in a Car Accident Settlement Process
A car accident settlement isn’t instant—it goes through several legal and insurance steps before you receive compensation. While the process may vary slightly, it generally follows this sequence:
- Filing a Claim. You submit a claim to either your own insurance (for example, as you need to do in Florida under Florida’s no-fault system) or the at-fault driver’s insurer if damages exceed policy limits.
- Investigation & Evidence Gathering. Insurance companies review police reports, medical records, witness statements, and accident scene evidence to determine liability and damages.
- Medical Treatment & Maximum Medical Improvement (MMI). If you’re injured, your lawyer will wait until you reach MMI—the point where doctors can assess your full medical costs and long-term impact—before demanding compensation.
- Demand Letter & Initial Offer. You or your attorney submit a demand letter outlining your injuries, financial losses, and the compensation you deserve. The insurance company will likely lowball their first offer.
- Negotiations. After that you or your lawyer usually push back, using medical reports, third-party expert opinions, and case law to demand a fair settlement. This back-and-forth can take weeks or months.
- Lawsuit & Litigation (If Needed). If the insurer won’t negotiate in good faith, your attorney files a lawsuit. The case moves through discovery, depositions, mediation, and possibly trial. Most cases settle before reaching court, but litigation can add months—or even years—to the process.
- Settlement Agreement & Payout. Once both sides agree, a settlement release is signed, and the insurance company issues payment. Any medical liens or attorney fees are deducted before you receive your final compensation.
Delays happen, but understanding the process and its steps helps you stay prepared and see the bigger picture. The next step in determining whether your settlement is taking too long is to look at the average timeline for settlement cases.
How Long To Get Car Accident Settlement On Average
The timeline for a car accident settlement depends on the severity of injuries, liability, insurance company tactics, and whether a lawsuit is necessary. In Florida, where no-fault laws require drivers to first file claims through their Personal Injury Protection (PIP) coverage, minor cases with clear liability can be resolved in as little as three to six months. However, if injuries exceed PIP limits and a claim is filed against the at-fault driver’s insurance, negotiations can stretch to six months to a year—especially if the insurer disputes damages. Nationwide, settlements without lawsuits typically take six months to a year, while litigated cases can extend beyond two years.
Now that you know the average car accident settlement timeline and its stages, you may have a better idea of whether your case is experiencing a delay. While delays can vary, certain key factors often extend the settlement process. Being aware of these factors can help you determine which ones might be affecting your case.
Why Is My Car Accident Settlement Taking So Long
You might feel like your settlement is taking forever, but some delays are unavoidable and even necessary to ensure fair compensation. Others happen because insurers hope you’ll get frustrated and accept less than you deserve. Let’s take a closer look at the key reasons behind these delays and how they affect your settlement.
Ongoing Medical Treatment & Maximum Medical Improvement (MMI)
As we’ve already discussed in the settlement process, if you’re still undergoing medical treatment, your attorney may wait to settle until you reach Maximum Medical Improvement (MMI). This means your doctors have determined that you’ve recovered as much as possible and can now assess whether you’ll need ongoing care. Knowing this helps ensure you claim the full amount needed for your treatment.
Let’s say, if your case involves six months of physical therapy for a back or neck injury, your attorney will likely wait until treatment is complete to determine the full extent of your recovery. In cases of multiple injuries from a serious car accident, settlement negotiations may take longer because each injury requires a separate evaluation to calculate future medical costs, rehabilitation needs, and potential long-term disabilities.
Why does this matter? Because once you accept a settlement, you can’t go back and ask for more money. Imagine settling your case only to find out months later that you need surgery or long-term physical therapy. If your claim has been on hold while you complete treatment, that delay is actually working in your favor. Settling too soon could leave you paying out of pocket for medical expenses that should have been covered.
Insurance Company Delays & Lowball Tactics
Insurance companies don’t like paying large settlements, so they use delay tactics to make you desperate enough to accept less than you deserve. The longer they stall, the more financial pressure you may feel, increasing the chances that you’ll take a lowball offer just to move forward.
One of their favorite tricks is ignoring calls and emails, forcing you to wait weeks or months for an answer. When they do respond, it’s often to request more paperwork, even if they already have everything they need. Some insurers ask for the same medical records multiple times or demand additional documents in small batches, dragging out the process little by little.
Another favorite strategy is disputing the severity of your injuries. Insurance adjusters might argue that your injuries are not as serious as claimed or were pre-existing conditions, justifying a lower payout.
If your adjuster suddenly stops responding or keeps claiming they’re “reviewing” your case despite multiple follow-ups, that’s another red flag. They’re hoping you’ll get frustrated and give up—or settle for less just to move forward. And if an insurer rushes to offer money within weeks, that can also be a warning sign. Quick, low offers are often made before you fully realize the extent of your injuries and future expenses.
They also know that time works in their favor. The longer you wait, the more likely you are to give in out of financial stress.
Liability Disputes & Investigations
Even in cases where fault seems obvious, insurance companies find ways to argue liability to delay paying out. If the other driver denies responsibility, their insurance company will launch an investigation that could take months. They might claim you were partially at fault, using comparative negligence laws to reduce your payout.
Sometimes, even your own insurance company might question your claim. In Florida, where Personal Injury Protection (PIP) applies, your insurer might argue that your injuries aren’t serious enough to exceed no-fault limits. Meanwhile, in states like Texas and Tennessee, which use an at-fault system, insurers often dispute medical expenses or downplay injuries to cut costs.
Multiple Parties Involved
This ties into the reason mentioned above but comes with its own complications. If your accident involved more than one at-fault party, the settlement process becomes even more complicated. Each insurance company tries to shift responsibility onto someone else, delaying payments as they argue over who owes what.
This is especially common in accidents involving commercial trucks, rideshare vehicles, or multi-car pileups. Each entity—whether it’s the driver, their employer, or even a manufacturer if defective parts were involved—must be investigated before any settlement is reached. The more parties involved, the longer it takes to get everyone to agree on a payout.
Government or City-Owned Vehicles
This also falls under liability issues but deserves separate mentioning. If your accident involved a city bus, police car, or government worker, expect extra-legal steps before you can get paid. Government entities have strict filing deadlines and often require pre-claim notices before lawsuits can be filed. These cases take longer than normal, sometimes years, before reaching a resolution.
Workers’ Compensation & Third-Party Claims
If you were injured on the job in a car accident, you may have both a workers’ compensation claim and a personal injury case, which complicates settlement timelines. You may have to resolve your workers’ comp claim first before your injury lawsuit can move forward.
Large Settlement Amounts Mean Longer Negotiations
The bigger the claim, the longer the fight. Insurance companies scrutinize high-value settlements more closely because large payouts eat into their profits. If your injuries are severe, requiring surgeries, long-term care, or significant time off work, expect more resistance.
Larger claims often involve economic and non-economic damages, meaning the insurer isn’t just paying medical bills—they’re also compensating you for lost wages, emotional distress, and pain and suffering. If your case involves a permanent disability or wrongful death, the delay could be even longer. Because these numbers are less concrete, insurance adjusters will drag out negotiations as long as possible, hoping you’ll settle for less before the full extent of your damages is clear.
Unresponsive Attorneys or Poor Communication
Not all delays are caused by insurance companies—your own lawyer might be slowing things down. Some attorneys take on too many cases or fail to follow up aggressively with insurers. If you haven’t heard from your lawyer in weeks, it might be time to demand updates or consider switching attorneys.
Escrow & Settlement Payout Delays
Even after winning a settlement, you might not get your check right away. If there are medical liens, unpaid bills, or subrogation claims, part of your settlement could be held in escrow while these debts get settled. Hospitals and health insurers may delay payout if they’re waiting for reimbursement.
Lawsuits & Court Backlogs
When insurance companies refuse to offer a fair settlement, filing a lawsuit is sometimes the only way to force them to pay up. But lawsuits don’t move quickly. Even after filing, both sides go through discovery, depositions, and pre-trial motions, which adds months—or even years—to the process.
On top of that, courts in busy states like Florida, Texas, and New York are backlogged with personal injury cases. It’s not unusual for a trial date to be set a year or more after filing. Some insurance companies use this to their advantage, stalling as long as possible to make you give up and accept a lower offer.
You Might Be Doing Something That’s Slowing Things Down
Sometimes, delays aren’t just caused by the insurance company or your attorney—you might unknowingly be slowing down your own case. If you haven’t provided all requested documents, your attorney can’t push forward. Medical records, wage loss statements, and accident reports are critical, and missing information can stall negotiations. If you skip doctor’s appointments or delay seeing a specialist, the insurance company will question whether your injuries are serious, slowing negotiations down. That’s why it’s essential to understand the process and all the legal details involved.
If your settlement is already delayed, there are several steps you can take to push back and keep your case moving forward.
How to Speed Up Your Car Accident Settlement
Waiting for a settlement can feel like watching paint dry, but you’re not powerless in this process. Certain steps can help move your claim forward and keep insurance companies from dragging their feet.
- Seek Medical Attention Immediately and Follow Your Treatment Plan
Insurance companies look for any excuse to minimize your claim. If you delay medical treatment, they may argue that your injuries aren’t serious or weren’t caused by the accident. Even in no-fault states like Florida, where Personal Injury Protection (PIP) covers initial medical expenses, delays in treatment can weaken your case. Always see a doctor immediately after the crash and follow their prescribed care plan, including therapy, follow-ups, or surgery. - Keep Every Record and Document Everything
A well-documented claim is harder for insurance adjusters to dispute. Keep copies of medical bills and records (doctor visits, prescriptions, therapy), lost wage statements (proof of missed work and reduced earning capacity), accident reports (police reports, photos, and witness statements), and all insurance correspondence (emails and letters from adjusters). Keeping thorough records speeds up negotiations and eliminates excuses for delays. - Report the Accident and Request the Police Report
Failing to report an accident can create major roadblocks when filing a claim. In Florida, an accident must be reported if it involves injuries, death, or at least $500 in property damage. Obtain a copy of the police report as soon as it’s available—insurance adjusters rely on this document to verify fault and process claims. - Strengthen Your Claim with Additional Evidence and Expert Opinions
Insurance adjusters often dispute injury severity, liability, or future damages to delay settlements. Strengthening your case with independent expert opinions can help counter these tactics. If the fault is unclear, an accident reconstruction expert can provide a detailed analysis of the crash. If the insurer downplays your injuries, a third-party medical specialist can confirm their severity and necessary long-term treatment. In cases involving lost wages, an economic expert can calculate the financial impact. The stronger your evidence, the less room insurers have to stall or dispute your settlement, helping you secure fair compensation faster. - Avoid Rushing into a Low Settlement Offer
Insurance companies intentionally offer low settlements early, hoping you’ll take the money before realizing the full extent of your injuries and losses. Settling too quickly can leave you paying out of pocket for future medical expenses. In Florida, PIP covers only 80% of medical bills, so additional compensation often requires a personal injury lawsuit. A strong negotiation strategy backed by accurate medical records and financial documentation ensures a fair payout. - Sue an Insurance Company for Taking Your Settlement Too Long
If an insurance company is intentionally delaying your claim without a valid reason, you may have grounds to sue an insurance company for taking your settlement too long and hold them accountable for bad-faith tactics. While insurers have the right to investigate claims, they cannot drag their feet indefinitely or ignore their legal obligation to process claims fairly and in good faith.
Bad faith insurance laws are designed to protect policyholders from unreasonable delays, lowball offers, and wrongful denials. In Florida, insurers are legally required to handle claims promptly and fairly under Florida Statutes § 624.155. If they fail to investigate, negotiate, or settle when liability is clear, they may face legal consequences. Texas and Tennessee have similar bad faith laws—Texas Insurance Code § 541 and Tennessee Code § 56-8-104—which allow accident victims to take legal action if insurers delay payment without just cause.
If your insurer is ignoring calls, repeatedly requesting unnecessary paperwork, or offering an unreasonably low settlement after months of waiting, you may have the right to sue. Legal action can allow you to recover the full value of your original claim, additional damages caused by the delay (such as financial hardship or increased medical costs), punitive damages (in cases of extreme misconduct), and attorney’s fees. In the end, pursuing a bad faith claim could not only speed up your settlement but also ensure you’re fully compensated for the harm caused by unnecessary delays. - Stay Involved and Communicate with Your Attorney—or Hire One if You Haven’t Yet
Your attorney plays a crucial role in keeping your case on track, but they need your cooperation to move things forward. If you receive requests for additional information, signatures, or medical updates, responding promptly helps prevent unnecessary delays. If you don’t already have an attorney, hiring one can make a significant difference—insurance companies are far less likely to stall when they know they’re dealing with legal representation. Insurers often exploit gaps in communication, so regular follow-ups with your lawyer ensure that your claim remains a priority and doesn’t get lost in the shuffle. - Be Prepared to File a Lawsuit if Negotiations Stall
Insurers move faster when they know a lawsuit is on the table. If negotiations hit a dead end, filing a personal injury lawsuit can force the insurer to take your claim seriously. Florida has a two-year statute of limitations for personal injury claims, so waiting too long risks losing your right to compensation. - Taking Control of Your Settlement
A car accident claim doesn’t have to drag on forever. By staying organized, keeping communication open, and refusing lowball offers, you can speed up your case and secure the compensation you deserve.
However, if you’re feeling unsure about what to do next, overwhelmed by the legal process, or simply don’t have the time to handle negotiations while focusing on your recovery, the best step is to consult a professional.
What Our Attorneys Do to Move Your Car Accident Settlement Forward
If your car accident settlement is taking longer than expected, we know how frustrating the waiting game can be, and that’s why we don’t just sit back and hope for progress—we take action.
At Steinger, Greene & Feiner, our car accident lawyers stay in constant communication with insurance adjusters, making sure your case doesn’t get buried under a pile of paperwork. If an adjuster stops responding, we escalate the issue to a supervisor. If they request additional documents, we ensure it’s a necessary step, not just a delay tactic. And if negotiations stall, we’re prepared to push for legal action to keep things moving.
While some delays are unavoidable, many are simply tactics used by insurance companies to wear you down. That’s where we step in—to make sure your case stays on track and that you’re not waiting any longer than necessary to get the compensation you deserve. If things aren’t moving, we work to change that.