Detailed Answer
When you file an auto accident injury claim in South Carolina, the resolution timeline can vary. Several phases influence the overall duration:
1. Initial Investigation (1–3 months)
After the crash, your insurer and the other party’s insurer collect evidence: police reports, witness statements, and medical records. Promptly provide all requested information to streamline this phase.
2. Medical Treatment and MMI (3–12 months)
Insurers often wait until you reach Maximum Medical Improvement (MMI) before negotiating. Depending on your injuries, MMI can take months. Ongoing treatment records help establish your injury’s severity.
3. Pre-Suit Negotiations (2–6 months)
Once you send a settlement demand, insurers review your claim and may counteroffer. Multiple rounds of negotiation can extend this phase. Many cases settle without litigation.
4. Filing a Lawsuit (if necessary)
If negotiations stall, you must file suit before SC Code Ann. § 15-3-530 expires. This statute of limitations gives you three years from the accident date to file a personal injury lawsuit.
5. Litigation and Discovery (6–18 months)
After filing, both sides exchange evidence during discovery: depositions, interrogatories, and document requests. Courts set schedules for deadlines, which can push the case forward over a year or more.
6. Trial and Resolution (1–3 months)
Your case may go to trial if you cannot settle. Trials often last days to weeks. Post-trial motions or appeals can add more time.
Overall Timeline: Most claims resolve within 6 to 18 months if they settle pre-suit. Litigated claims often take 1 to 3 years from accident to final judgment.
Disclaimer: This content is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Seek Maximum Medical Improvement before settling.
- Keep detailed medical and billing records.
- Photograph vehicle damage and injury progress.
- Notify insurers promptly and accurately.
- Consider mediation before trial.
- Watch the three-year filing deadline under SC Code Ann. § 15-3-530.