The amount of time it takes to settle a car accident claim varies from case to case, and there is no straightforward way to estimate the length of a claim before it begins. Various factors are at play, including the type and severity of your injuries, how long it takes to gather supporting evidence, and whether the other party's insurer accepts liability early on.

While many claims settle within months, others take longer. As such, choosing the right solicitor can make a significant difference to your experience of the claims process. In this guide from the road traffic accident solicitors at JMW, we explain what affects the duration of a personal injury claim and how the right legal support can keep things moving.

How Long Do Most Car Accident Claims Take?

For straightforward cases where the other party accepts fault and injury severity is low, a personal injury claim may settle within a few months. Other claims take longer because the full impact of the injuries is not immediately understood, or the other party needs time to investigate the claim and make a decision on their liability. Claims involving court proceedings can potentially last 18 months or more due to delays in court schedules and the need for multiple hearings in some cases.

Where the other party’s insurer has admitted liability, settlement can be quicker. It is important to understand that you do not always need to wait for the end of your case to receive support. In some cases, the personal injury team at JMW can work to secure interim payments early in the process to help you access medical treatment or meet urgent costs while your claim is ongoing. We will also continue to negotiate with the other party even when a case is scheduled for a court date to try to reach an early resolution wherever possible.

Why Do Some Car Accident Claims Take Longer?

If the other party does not admit fault, your solicitor must work to establish liability. This may involve collecting witness statements, traffic camera footage, a police reference number, or expert input to reconstruct the incident. If fault remains contested, the case may go through the full court process.

Some injuries do not fully reveal themselves straight away. Medical professionals may need time to confirm the long-term effects of your injuries, especially in serious or multiple trauma cases. Your solicitor could also refer you for further medical assessments. A medical examination and formal medical report are essential for valuing your compensation claim.

If key information is missing, the claim cannot progress. This might include delays in getting hospital records, car insurance details or the contact details of witnesses. To build a strong case, your solicitor will need a complete picture of the vehicles involved, the injuries sustained, and the circumstances of the accident, which means gathering together all of the relevant documentation.

Sometimes, a claim involves an uninsured driver, or the vehicle that caused the accident didn't stop and could not be traced. These cases are handled through the Motor Insurers’ Bureau, which can take longer due to different procedures and evidence requirements.

What Can Help a Car Accident Claim Move Faster?

Acting quickly after a road traffic accident will allow your solicitor to gather evidence and move the claim forward without the complications that can arise later. As soon as possible after the incident, and once you are safe and have checked that everyone involved is okay, you should:

• Exchange details with the other party, including names, addresses, registration numbers and car insurance information.
• Collect the contact details of any witnesses. Your solicitor can later request a formal witness statement from each person to support your version of events.
• Take photographs or videos of the scene, including vehicle positions, any vehicle damage, road markings, debris and visible injuries.
• Make notes about the road and weather conditions, time of day, and anything unusual that might be relevant.
• Report the accident to the police within 24 hours if they did not attend the scene. Failing to do so may also impact your ability to later use a police reference number or incident report as part of your claim.
• Seek medical attention, even if you feel okay. Some injuries may not appear immediately. Getting checked by a medical professional creates a formal record that will support your personal injury claim.

By taking these steps early, you provide your solicitor with the supporting evidence they need to progress your car accident claim without delays.

Should You Accept a Quick Offer from an Insurer?

In some cases, you may be approached by an insurance company shortly after your accident with a settlement offer. While it can be tempting to accept a quick payment, doing so without legal advice will put you at risk of being significantly under-compensated.

Offers made before a full medical examination, medical evidence and financial review rarely reflect the long-term impact of injuries suffered. Once you accept a quick offer, your compensation claim cannot be reopened. While this may seem like a faster option, you will be left with only a fraction of the compensation you are owed. Pursuing a claim through your solicitor can also deliver compensation quickly in a lot of cases, and will make sure all of your financial needs are addressed.

Before speaking to anyone representing the other party, it is important to seek advice from a qualified solicitor. When you choose JMW to handle your claim, we will manage all communication with the insurance company on your behalf and make sure you receive the full amount of compensation you are entitled to.

Will my Claim Go to Court?

The vast majority of personal injury claims are resolved through negotiation, without the need for a formal hearing. However, in rare cases, it is possible a case will need to go to court, and this will extend the amount of time it takes to settle the claim. Court action is a last resort that is only necessary when the other party’s insurer refuses to admit fault, disputes the value of the claim or fails to engage in meaningful negotiations.

Issuing proceedings doesn’t always mean your claim will go to trial. In fact, it can encourage the insurer to make a settlement offer sooner, particularly when strong medical evidence and clear witness statements have already been gathered.

If your claim does need to go to court, we will make sure you are supported throughout the court process and that any delays are minimised wherever possible.

Changing Solicitors for your Car Accident Claim

You are entitled to change solicitors if you believe your case is taking too long or you are not receiving the service you deserve. At JMW, we regularly take over car accident claims from other law firms and get the process moving.

We offer a free Check My Claim service to review your current case. If we believe your claim has been mishandled or undervalued, we will let you know.

Common reasons for changing include:

• Slow progress and a lack of regular updates about your claim progress.
• No plan to move the case towards final settlement.
• Being told your personal injury case isn’t worth pursuing.
• Feeling pressured to accept a low offer.
• No help accessing medical treatment or interim payments.

The process to transfer your claim is simple. All you need to do is to sign a transfer form confirming that you would like JMW to act for you. We contact your previous firm and request the file from them, and you do not need to speak to them again if you do not wish to. We will pick up your case from where it left off, which means there is no risk of further delays when you take this step.

There are no legal fees to switch in most cases, and we will usually recover any legal costs from the settlement once your case concludes.