Car Accident Case
To win your car accident case is exciting. However, many people have the misconception that once the court makes its judgement, that’s the end of the process. The next step is to have your check written out and you’re finished dealing with the process. This doesn’t mark the end of the battle. There is more to know about how you receive payment.
Is There a Wait?
You probably won’t receive payment right away. The time it takes depends on a couple of different factors. If you reach a settlement agreement, then you will probably include the period in which the settlement has to be paid. Normally, the period is about 20-30 days. If the other party does not pay in that timeframe, you may then add interest to the damages. In addition, if you still do not receive your money, then you are allowed to void the settlement and file a new lawsuit.
If the court rules in your favor, then the time period will be different lengths. The losing party usually chooses to pay after certain post-judgment deadlines. For instance, a court may allow a losing party to file for a new trial. The losing party will have 10 to 15 days to do it and a few weeks later, the court will rule on the motion. A losing party may also file an appeal within two months of the verdict. In this case, the person will probably not pay while the appeal is pending. This can take from one to two years.
Who Pays the Damages?
Normally, in a car accident claim, you will name the other driver as the defendant. However, in most cases, the driver’s insurance company is the one responsible for paying the damages. So, in a lot of cases, the insurance company writes the check following the accident. Normally, when you’re working with insurance companies, your check will come on time and the collection will be an easy process.
In other situations, you are dealing with the individual driver or the corporation that he or she works for. When dealing with corporate or individual defendants, they will write the check. Now, in this case, you are more likely to deal with someone refusing to pay on time. Fortunately, there are legal means to get your money. In some cases, a person may have their wages garnished.
While most hope that post-trial collection will be easy, sometimes it’s more complicated. There are a variety of factors that impact your collection. For more information on what to expect after a settlement or court judgment, contact a car accident lawyer today.