Posted on behalf of Arnold Law Firm
on March 31, 2020 in Auto Accident
Updated on August 8, 2025
Sustaining an injury or other damages from a car accident can make victims anxious to settle their claim. However, it is important to be patient and follow the advice of a knowledgeable lawyer to avoid settling for a lowball offer from the insurance company.
Below, the experienced Sacramento car accident lawyers at the Arnold Law Firm Accident & Injury Attorneys explain the necessary steps and the possible length of time it may take to settle a car accident claim.
If you’ve been in a crash, it’s normal to ask, How long does it take to settle a car accident claim in California? There’s no one answer, because several steps need to happen first, and each one affects how long the case takes.
It usually begins by collecting the facts. That means getting the police report, holding onto any photos or videos from the scene, and pulling together your medical records. All of that creates the picture of how the accident happened. Once that’s done, the next part is your treatment. Recovery takes time, and your doctors will need to monitor your progress to fully understand how serious your injuries are and what kind of treatment may still be necessary. That part can’t be rushed.
Once your condition is better understood, you or your lawyer can file the claim. Then it’s a matter of going back and forth with the insurance company. Some claims settle quickly. Others drag out, especially if the injuries are serious or liability isn’t clear.
Although some car accident claims are processed within a matter of a few months, other cases may take longer, depending on the details of your situation. Your lawyer should be able to determine if you have a valid claim, estimate the compensation you may deserve and project the approximate length of time your claim could take.
If you suffered an injury in the accident, waiting until you are fully recovered may help determine the full amount of compensation your claim may be worth. Your doctor must determine that your injury is stable and will not improve further.
The car accident settlement timeline in California depends on several things, and no two claims play out exactly the same. If your injuries are serious, it may take longer because doctors need time to figure out the full extent of the damage. You can’t always move forward until they know what kind of care you’ll need down the line.
Disputes over fault tend to stretch things out. If drivers don’t agree on who caused the wreck—or if more than one person might’ve played a role—things slow down. Each side brings in their own insurer, and no one wants to take the blame. That back-and-forth adds time.
Insurance companies also look for ways to stall. If your medical records aren’t complete or you’ve had similar injuries in the past, they may argue about what’s really from the crash. Even short gaps in treatment or missing forms can lead to questions that drag things out.
Some delays are outside your control, but not all. The more complete and clear your records are, the easier it is to push the case forward. When a claim gets held up for any of these reasons, having someone who knows how to keep pressure on the right people can help move things along.
The negotiations and settlements phase of your car accident claim may also take time but is an important step in the claims process.
After you have fully recovered from your injury, your lawyer will calculate your damages, such as medical bills, lost income, and pain and suffering. Once this is completed, your lawyer will write a demand letter to send to the insurance company asking them to cover your damages.
The insurance company will either send a payment to cover the damages, or they may try to give you a discounted offer to make a quick settlement. It is important to be patient and let your lawyer continue to negotiate on your behalf.
The negotiation process can go back and forth between your lawyer and the insurer for several weeks or months.
No two car accident claims follow the exact same path, but most move through a series of common stages. Here’s how a typical case unfolds from the day of the crash to final resolution—and what to expect along the way.
Right after the crash, emergency services arrive, and reports are filed. You might go to the ER or schedule a follow-up. If possible, you or someone with you should gather contact info, take photos, and record what happened. These first few days are critical for documentation.
Next, we gather the materials needed to support your claim. This can include police reports, witness statements, photos, insurance details, and medical records. The length of this step often depends on how quickly outside parties respond.
Your recovery will shape the timeline. If your injuries are serious, treatment may take months. We wait to move forward until you’ve reached what’s known as Maximum Medical Improvement—when your condition is stable and long-term needs are clearer.
Once you’ve reached MMI, we organize the documentation and prepare a demand. This letter outlines your injuries, costs, and the amount we believe fairly reflects your losses.
We then go back and forth with the insurer. Sometimes they’re cooperative. Other times, it takes pressure. If things stall, we prepare for the next phase.
Not every case settles out of court. If the insurer won’t agree to a reasonable number, we move forward with litigation. This step can take time, but it often results in a stronger recovery.
Throughout the process, we stay in close contact. We explain each step, manage delays, and make sure nothing falls through the cracks. Some cases wrap up within a few months, but others take longer depending on injury severity, liability issues, or insurance delays. Either way, we stay with you from start to finish.
In the context of the California car accident claim process, a minor claim typically involves property damage and injuries that don’t require extended medical care—like soft tissue sprains or mild whiplash. There’s usually no dispute over who caused the crash, and treatment wraps up quickly.
Because the facts are straightforward and your recovery is short, the process tends to move faster. Once medical records are collected and the demand is sent, insurance negotiations can begin soon after. In some cases, the car accident settlement timeline in California for minor claims may be as short as two to four months.
When injuries are severe or liability isn’t clear, the timeline changes. If you’re asking how long do car accident claims take when things are complicated, the answer often depends on the nature of the injury and the legal issues involved.
Common reasons these cases take longer:
Because so much is at stake, these claims may take well over a year to resolve. Legal support matters here—an experienced lawyer can help coordinate medical documentation, manage expert input, and keep the claim moving while protecting your interests.
Delays could be caused by several things, depending on the circumstances of your claim. Sometimes insurance companies may purposely dispute or ignore your demand letter to avoid making a big payout.
Insurers may also delay your claim by saying that you have not provided enough evidence about the severity of your injury and other damages. That is why it is important to keep documentation of all medical records, bills and other related expenses.
If negotiations fail, you and your lawyer may need to file a lawsuit and go to trial. Once the lawsuit is submitted, it could take a few months from the date you initially filed the lawsuit to receive a response from the defendant.
The next step is the pre-trial and discovery process, which can also be lengthy. Many car accident cases end up going to mediation before the trial date. However, it can take months before you get to this point.
If going to trial is necessary, it may not take place for over a year or more from the date of the accident.
If you’re thinking about filing a lawsuit after a crash, it’s important to understand the legal deadlines. A car accident lawyer in California can explain how these time limits work and why they matter. In most cases, you have two years from the date of the accident to file a personal injury lawsuit. That’s the standard rule, but it doesn’t apply to every situation.
There are exceptions. If the crash involved a government agency or employee, you may have only six months to file an initial claim. If the injured person is a minor, the clock may not start running until they turn 18. These exceptions are narrow, but they can change everything about your case.
Waiting too long can also hurt your ability to gather evidence or get witness statements. Acting early gives your lawyer the time they need to build a strong case and avoid last-minute problems. Even if you feel like there’s no rush, the timeline is strict, and it can close off your options fast. That’s why it’s smart to speak with an attorney soon after the crash.
Under California’s Fair Claims Settlement Practices Regulations, insurance companies are required to follow a strict timeline once a claim is filed. First, they must acknowledge the claim within 15 days of receiving notice. After that, they have 40 days to conduct their investigation and decide whether to accept or deny the claim. If they accept liability, they’re expected to issue payment within 30 days from that decision.
This framework—commonly called the 15/40/30 day rule—is meant to protect claimants from unnecessary delays. However, insurers can extend these deadlines in limited situations, such as when they need additional documentation or if liability is still being sorted out. That said, they must keep you informed and provide a valid reason for any delay.
If you’re dealing with an insurance company that isn’t communicating or seems to be stalling without cause, you don’t have to navigate that alone. A car accident lawyer in California can push for timely handling and take further action if the insurer isn’t complying with the law. Staying informed about your rights can make a real difference in how smoothly your claim moves forward.
There’s no fixed number for the average payout for a car accident in California, but most settlements fall somewhere between $15,000 and $75,000 for moderate injuries. Claims involving only minor damage or short-term treatment usually settle on the lower end, while those involving long recoveries or lasting pain tend to bring in more.
Compensation after a car accident depends on several things—starting with medical bills, the extent of lost income, and how much pain and disruption the injury caused. If you’re facing permanent disability or chronic pain, that can significantly raise the value of your claim. Cases involving spinal injuries, brain trauma, or lasting impairment often reach six figures or more. In especially severe situations—such as commercial vehicle crashes or those involving lifelong medical needs—settlements may reach seven figures.
Every case is different, but a lawyer can help estimate a fair value based on your actual losses, not just what the insurance company first offers.
When people ask, How long does it take to settle a car accident claim in California, the truth is—it often depends on how efficiently the case is handled. An experienced lawyer plays a major role in keeping things on track and avoiding unnecessary delays:
The right lawyer can reduce the stress and uncertainty while helping you get to the finish line sooner. If you’ve been injured in a crash and want help moving your case forward, the team at Arnold Law Firm Accident & Injury Attorneys can review your situation and explain your options.
Navigating the California car accident claim process can feel overwhelming, especially when you’re unsure how long each stage will take. While every case is different, understanding the most common concerns about timing and delays can help you feel more in control. Below are some frequently asked questions about how long it takes to resolve car accident claims in California, what affects those timelines, and how having legal help can make the process smoother:
Once a car accident claim is settled, California law gives the insurance company 30 days to issue the settlement check. This countdown begins after you’ve signed a release of all claims and the insurer has received all necessary paperwork. However, delays can still happen. Some of the most common issues involve finalizing medical liens or waiting on third-party billing information. While many people receive their check within a few weeks, complications with paperwork or lien negotiations can stretch the wait time. A lawyer can often help avoid these slowdowns and make sure the process moves forward without unnecessary holdups.
Yes, most car accident claims in California are settled outside of court through direct negotiations with the insurance company. Going to trial usually becomes necessary only if there’s a serious disagreement about who was at fault or how much the claim is worth. Even when the process takes several months, settling out of court is typically faster and less stressful than litigation. A well-prepared claim, supported by strong evidence, often leads to a resolution without ever needing to file a lawsuit.
California follows a pure comparative negligence rule, which means you can still recover damages even if you were partly to blame. However, your final compensation will be reduced by your percentage of fault. For example, if you’re found 30% at fault, your settlement will be reduced by that amount. Partial fault can also affect how long your claim takes, especially if there’s a disagreement about how liability should be divided. Insurance companies may push back harder in these situations, so having evidence and legal guidance becomes even more important.
In many cases, yes. A lawyer who understands the claims process can prevent avoidable delays by staying on top of communications, gathering the right documents early, and making sure the insurance company stays accountable. Experienced attorneys also know how to negotiate efficiently and push back when the other side tries to stall. By managing these tasks, legal help often shortens the time it takes to resolve your case. If timing matters, having someone who knows how to move things forward can make a real difference.
If you’re dealing with insurance claim delays after a car accident, getting legal help early can make a big difference in how quickly and successfully your case moves forward. At Arnold Law Firm Accident & Injury Attorneys, we offer free consultations and only get paid if we win your case, so there’s no upfront cost to speak with an attorney. Whether you’re facing delays, uncertainty, or just need guidance, our team is here to support you every step of the way. Call us at (916) 777-7777 or fill out our online contact form to get started. The sooner you reach out, the sooner we can help protect your rights and keep your claim on track.
If you wish to discuss your car accident claim with a licensed attorney, contact the Arnold Law Firm Accident & Injury Attorneys, today at (916) 777-7777. We offer a no-cost, no-obligation case evaluation and do not receive fees unless we recover funds for you.
Give us a call anytime, 24-7 at (916) 777-7777 or fill out a Free Case Evaluation form.
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Mahul did a really good job. His been very helpful and was able to meet the client's need. His turn time was quick and very reliable. I am happy with the outcome. :) Happy client. I recommend Mahul and the team for the job well done.Jennifer Soto
I spoke to Stephanie regarding a possible case. It wasn't something they could take but she was very knowledgeable and helped send me in the right direction.Elaine Hawley
Truly great people. A great team and amazing effort. They moved very fast with my case and made sure I was alert every step of the way. They are also very welcoming and very comforting in hard times. I would strongly recommend this firm.Ajani_A E
I want to sing praise for Mrs Frances Siria @ Arnold Law Firm. She is an amazing asset to your company, very professional and such a pleasure to have worked with….. I can’t say enough about Mrs. Siria 😃 If I could give 6 ⭐️ ⭐️ ⭐️ ⭐️ ⭐️ ⭐️ I would!Ryan Giboney
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I love my Team Tony! Joy and Larisa are the absolute best! They've helped me emotionally and physically, and they were always there for me when I needed someone to talk to. They definitely walked me through my problems and helped me understand everything every step of the way. I would 100% recommend them!!! Tony has the best support that I could have ever asked for. They are kind, extremely knowledgeable, and approachable. I could not thank them enough! Please give them a try.
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