So, you’ve been through the stressful ordeal of a car crash in Fall River, filed your claim, and now—finally—the case is resolved. Whether it was a settlement with the insurance company or a decision made in court, the big question on your mind now is: “How do I collect my settlement?”
We get it—it’s been a long journey, and you’re eager to receive the compensation you’ve fought hard for. Let’s walk through the different scenarios and explain how to collect your settlement in each one.
1. After a Trial With an Insured Driver
If your case went to court because you couldn’t settle outside of it, you probably feel a sense of relief that it’s finally over. After your Fall River car accident lawyer presented all the evidence, the judge or jury ruled in your favor. Now, the other driver’s insurance company is legally obligated to pay the damages they owe you.
So, what happens next?
Usually, the insurance company sends the settlement amount soon after the verdict. But if there are any delays and the payment doesn’t come through promptly, don’t panic. Your lawyer can help you file a motion to enforce the judgment, ensuring the insurance company sticks to the legal obligation.
2. After a Trial With an Uninsured Driver
Now, if you were unfortunate enough to be hit by an uninsured driver, things can get a bit tricky. Without insurance, that driver is responsible for paying the settlement out of their pocket. And, let’s be honest—if they weren’t carrying insurance, there’s a good chance they might not have the funds to pay you right away.
In cases like this, your Fall River car accident lawyer can help you navigate a few options. One route might be to set up a payment plan with the other driver. But if that doesn’t work out—because, let’s face it, some people just refuse to cooperate—you can go back to court to try and enforce the payment. While this can take time, it’s an avenue worth discussing with your attorney.
3. After a Settlement With an Insured Driver
Settling with an insured driver is usually the smoothest scenario. Once the negotiation process wraps up (and sometimes that can take a bit of back-and-forth), the insurance company sends out a settlement agreement. This is where your Fall River car accident lawyer will be super helpful in making sure all the i’s are dotted and the t’s are crossed.
First, you’ll need to sign a document called a “release.” This legal document states that in exchange for the settlement money, you won’t pursue any further legal action against the driver or the insurance company for the same accident. Once that release is signed, the insurance company will issue the check.
If you’re working with a lawyer, which we strongly recommend, the check will be made out to both you and your lawyer. Your attorney will then deposit it into their account, and after deducting their fees, you’ll get the rest.
4. After a Settlement With an Uninsured Driver
Collecting a settlement from an uninsured driver is more challenging. Just like after a trial, getting an uninsured driver to pay what they owe isn’t always easy. If they don’t have insurance, it’s possible they’re not financially able to pay you in one lump sum.
In this situation, it’s crucial to have everything in writing—your settlement agreement, payment terms, and any other important details. If the driver doesn’t follow through, you may need to take them to a small claims court to enforce the agreement. Your Fall River car accident lawyer can walk you through these steps if needed.
How Long Does It Take to Get Paid After a Settlement?
This is one of the most common questions people have, and unfortunately, the answer is: that it depends. Here are a few factors that could impact how quickly you’ll see the money:
The Insurance Company’s Timeline: If you’re dealing with an insured driver, you’ll need to sign the release before they send out the check. The insurance company might take some time to issue the release, so make sure your lawyer pushes for a timely process. Some states, like Rhode Island, require that settlement checks be sent within a specific timeframe—usually 30 days—so that’s something to keep in mind.
Delays With Your Lawyer: After the check is issued, your lawyer will deposit it into a trust account. The funds typically need to clear, which can take anywhere from 10 business days to a couple of weeks. While this can be frustrating, it’s a standard process, and your attorney will keep you in the loop.
Payment of Medical Bills or Liens: Sometimes, outstanding medical bills or liens (claims from health insurers for reimbursement) need to be paid from your settlement before you receive the rest. If there are delays in getting the final balance due from your healthcare providers, this could slow down your payment. Your lawyer can help negotiate these bills to ensure you get the most out of your settlement.
Why You Need a Fall River Car Accident Lawyer
Navigating the aftermath of a car accident and collecting a settlement can be overwhelming. While it’s tempting to try and handle everything on your own, having an experienced Fall River car accident lawyer by your side can save you a lot of stress and headaches.
A personal injury lawyer will ensure your rights are protected, the paperwork is handled correctly, and the insurance company (or driver) pays you what you deserve—without unnecessary delays. Plus, most lawyers work on a contingency fee basis, meaning they only get paid when you do.
If you’re dealing with a car crash case in Fall River, feel free to contact us for a free consultation. We’re here to take care of the details so you can focus on what matters—recovering from your injuries and getting back to your life.
