How Long Does It Take To Settle a Car Accident Case?

Updated: May 29, 2025

If you’ve recently been injured in a car accident in California, you’re probably wondering: “How long will it take to settle my case?” It’s a valid and very common question — and the short answer is: it depends.

Every car accident case is unique. Some settle within a few months, while others can take a year or more. The timeline depends on many factors, including the severity of your injuries, the clarity of fault (liability), and how cooperative the insurance companies are. Understanding what to expect can help ease the uncertainty and prepare you for what’s ahead.

Below, we break down everything that goes into the car accident settlement timeline — and what you can do to make sure your case is handled efficiently and fairly.

Key Factors That Affect Your Car Accident Case Timeline

1. Determining Liability

Before any insurance company pays out a settlement, they need to know who was at fault for the accident. California is a comparative negligence state, meaning liability can be shared between drivers. If the other party’s insurance company disputes who caused the crash, it can lead to delays in settlement.

In many cases, establishing fault involves gathering:

  • Police reports
  • Witness statements
  • Traffic camera footage
  • Photos of the scene and vehicle damage
  • Expert analysis or accident reconstruction


If fault is clear (such as a rear-end collision), the process may move faster. But if it’s a multi-car accident or involves conflicting stories, it can take weeks or even months just to sort out liability.

2. Completing Medical Treatment

This is one of the most critical phases of your case. You should never settle a claim until you’ve completed all your medical treatments or reached maximum medical improvement (MMI) — the point where your condition is as good as it’s going to get.

Why? Because your settlement should reflect the full extent of your injuries, including:

  • ER visits
  • Surgeries
  • Physical therapy
  • Long-term care needs
  • Pain and suffering
  • Future medical costs


If you settle too early, you risk not being compensated for ongoing issues like chronic pain or future surgeries.

Depending on the severity of your injuries, this stage can take anywhere from a few weeks to several months — or longer.

3. Gathering All Necessary Evidence

Once treatment is complete, your attorney will collect the evidence needed to prove the value of your claim. This typically includes:

  • Medical records and bills
  • Proof of lost wages or reduced earning capacity
  • Pain and suffering documentation (e.g., personal journals, photos)
  • Property damage estimates or invoices
  • Insurance policy details


This process can take several weeks, especially if medical providers or employers are slow in providing documentation.

4. Preparing and Sending a Demand Letter

With all the evidence in hand, your attorney will prepare a demand package. This is a formal letter sent to the at-fault driver’s insurance company, outlining:

  • The facts of the accident
  • The injuries you sustained
  • The medical treatment you received
  • The economic losses you’ve suffered
  • A demand for compensation


Once the demand letter is submitted, the insurance company will need time to evaluate the claim — usually 30–45 days, though it can vary.

5. Negotiating the Settlement

This is often the most time-consuming part of the process. After reviewing your demand, the insurance adjuster will likely respond with a low initial offer. From there, negotiations begin.

Your attorney will go back and forth with the insurance company until a fair settlement is reached — or it becomes clear that no agreement can be made, at which point a lawsuit may be filed.

Negotiations can take anywhere from a few weeks to several months depending on:

  • The strength of your evidence
  • The willingness of the insurer to negotiate
  • The complexity of your injuries and damages
  • Whether liability is disputed


6. Filing a Lawsuit (If Necessary)

If a settlement can’t be reached through negotiations, your attorney may recommend filing a personal injury lawsuit. In California, the statute of limitations for car accident injuries is generally two years from the date of the crash.

Once a lawsuit is filed, the timeline may extend significantly. Discovery, depositions, mediation, and court scheduling can add several more months — or even a year or more to your case.


How Long Do Car Accident Settlements Typically Take in California?

Here’s a general breakdown of common timelines:

While these are only rough estimates, working with an experienced car accident attorney can help keep your case on track and avoid unnecessary delays.

Why Hiring an Attorney Speeds Things Up — and Protects Your Rights

At Mercado & Sacramento, PC, we understand how overwhelming the aftermath of an accident can be. From dealing with insurance companies to navigating complex paperwork, the process can feel never-ending.

That’s where we come in.

Our team handles every aspect of your case with care and urgency, including:

  • Investigating the accident
  • Gathering and preserving evidence
  • Communicating with insurance adjusters
  • Evaluating and calculating all your damages
  • Fighting for the compensation you truly deserve

We know the tactics insurance companies use to delay or deny claims — and we don’t let them get away with it.

Final Thoughts: There’s No “One-Size-Fits-All” Timeline

No two car accident claims are exactly the same. While some settle quickly, others take time — and patience — to resolve. What matters most is getting the compensation you deserve, not rushing the process.

If you’ve been injured in a crash, don’t leave your future to chance. The earlier you get legal advice, the better your chances of a smooth and successful claim.

📞 Contact Mercado & Sacramento, PC Today

Let us help you take the guesswork out of the process. Our attorneys offer free consultations to help you understand your options and give you a clearer timeline based on your unique case.

📍Serving Oakland and the Bay Area

📞 Call us at (510) 340-4LAW

You deserve answers. You deserve justice. You deserve results.



Found this helpful? Share it with someone who may need this information today!

Local Personal Injury Representation You Can Trust

When someone else's negligence leads to your injury, you shouldn’t have to bear the financial burden of medical bills and other losses. At Mercado & Sacramento, PC, we know how overwhelming it can be to deal with pain, treatment, and recovery. Whether you’ve suffered broken bones, a traumatic brain injury, or spinal damage, our dedicated personal injury attorneys are here to guide you through the legal process.


We will fight for the compensation you deserve so you can focus on healing. Our experienced trial attorneys have successfully helped numerous clients in Oakland and the Bay Area, and we’re committed to providing compassionate,

professional representation. Let us handle the legal stress so you can focus on your recovery.


Why Choose Us?

Free Consultation

We offer a complimentary consultation to discuss your personal injury case and help you determine the best course of action.

Available 24/7

Our team is here for you around the clock, ready to answer your legal questions and provide support.

No Fee Until We Win

You don’t need to worry about upfront costs. You only pay if we win your case.

Leaders in

Personal Injury Law

Our proven track record and years of experience set us apart in personal injury law.

Speak Directly

to an Attorney

When you reach out, you’ll speak with a dedicated attorney who is ready to guide you through your case—no obligations.

Extensive

Trial Experience

With comprehensive trial experience, we provide aggressive representation to achieve the best outcome for you.

Personalized

Legal Strategy

Each case is unique, and we develop tailored legal strategies to meet the specific needs and goals of every client we serve.

Client-Centered

Service

We treat every client with compassion, professionalism, and dedication, ensuring that your needs are met at every stage of the process.

Community

Involvement

We are proud to actively support and give back to our community through volunteer work and local initiatives.

What Clients Are Saying:

Speak With Us Today And Get Your Free Consultation

We have delivered positive results for clients, over and over again.

Get in Touch

We want to hear from you! Fill out the form below or contact us directly:

All inquiries are kept confidential.



Information

Tel: (510) 340-4LAW

Email: info@mercsaclaw.com

Fax: (510) 281-4002

Address

1724 Mandela Parkway, Suite 6

Oakland, CA 94607

Hours of Operation

24/7 SERVICE

Contact us anytime!



error

Connect with us!