Free consultation · No fee unless we winEspañolՀայերենFree consultation →

How Long Will My Car Accident Case Take

Most car accident claims in California settle four to ten months after medical treatment ends. If the insurer will not pay a fair amount and a lawsuit is filed, expect twelve to twenty-four months. Surgery, disputed fault and policy limit issues push the timeline out.

A car accident case in California usually takes four to ten months to settle after your medical treatment ends, if the other driver’s insurer accepts fault and the injuries are documented. If a lawsuit has to be filed, the case typically takes twelve to twenty-four months from filing, with most cases settling at mediation before trial. The single biggest factor is how long you treat, because the claim is not ready to value until the doctors can say what the injury is and whether it is permanent. A soft tissue injury that resolves in three months produces a demand in month four. A disc injury with injections and a surgical consult produces a demand in month twelve or later.

What decides the timeline in practice is whether the case has a reason to go to litigation. Three things send a car accident case into a lawsuit: disputed fault, a policy limit that is too low for the injury, and an insurer that undervalues a clear claim. A client rear-ended on the 101 at Winnetka who finished physical therapy in four months, had $11,000 in paid medical bills, and faced an insurer that accepted fault on day two settled seven months after the crash without filing. A client with the same crash whose MRI showed a herniation, who had two epidural injections and a surgical recommendation, and whose at-fault driver carried a $30,000 minimum policy had a case that involved a policy limits demand, an underinsured motorist claim against her own carrier, and arbitration. That case took twenty months. Both were handled correctly. The injury and the insurance set the clock.

How long does a car accident settlement take in California?

Most car accident claims settle four to ten months after treatment ends when fault is clear. The demand is sent once the medical picture is complete, the insurer responds within thirty to sixty days, and negotiation takes a few weeks to a few months. If a lawsuit is filed, Los Angeles Superior Court cases take twelve to twenty-four months, with most resolving at mediation after depositions.

The stages and what sets their length

Treatment comes first and sets everything else. A demand sent while you are still in therapy is a demand for an injury no one can describe yet. The insurer knows this and discounts it. The claim is ready when you are released from care, reach a plateau, or a physician can state the permanent condition and future care. For most soft tissue injuries that is two to six months. For injuries involving injections, surgery consults or surgery itself, it is a year or more.

The demand and negotiation phase runs thirty to ninety days in a typical case. The demand package includes the records, the bills at the amounts actually paid, wage documentation, photos and a liability summary. Insurers generally respond within a month or two. If the first offer is within range, settlement follows quickly. If the insurer disputes fault, blames a gap in treatment, or offers a number that ignores the records, the next step is filing.

A policy limits case has its own rhythm. If the injury is clearly worth more than the at-fault driver’s limits, which under Vehicle Code 16056 can be as low as $30,000 per person, the demand is for the limits with a deadline, and a reasonable insurer pays within thirty days. The underinsured motorist claim against your own policy then begins, and UIM claims are resolved by negotiation or arbitration rather than a lawsuit, which usually takes six to twelve months.

Litigation runs on the court’s calendar. After the complaint is filed and served, the defendant has thirty days to answer. Written discovery follows, then depositions of the drivers, the treating doctors and any witnesses. Mediation is typically scheduled between month nine and month fifteen, and that is where most filed cases settle. Trial, for the cases that do not settle, is set about eighteen to twenty-four months after filing in Los Angeles. The two-year filing deadline under Code of Civil Procedure 335.1 runs from the crash, so a case still negotiating at twenty-two months gets filed to protect the claim.

What the insurance company does with time

Insurers are patient. A claim that sits is a claim whose value erodes in their evaluation: the plaintiff grows tired, witnesses forget, and a gap in treatment appears when the plaintiff stops going because the case feels stalled. Expect the insurer to take the full response window on every demand, to make a low first offer, and to move slowly between rounds.

Expect it to argue that any delay in treatment or any gap longer than a few weeks means the injury resolved. The timeline of your treatment becomes the insurer’s main exhibit, which is why consistent treatment matters more to the schedule than anything the attorney does.

Expect a fast, early offer in some cases, often within the first month, before you have finished treating or seen an MRI. The speed is the point. An early check for $5,000 with a release attached ends a claim that might have been worth many times that once the records were complete.

What you can do to keep the case moving

Treat consistently and finish. Go to every appointment, and if a provider is not helping, ask to be referred rather than dropping out. Tell your attorney about every provider so records can be requested as treatment ends, not months later. Respond to requests for documents, wage records and signatures the same week. Keep a simple log of symptoms and missed work.

Decide early, with your attorney, whether this is a case that will likely need to be filed. If fault is disputed or the injury is serious against a small policy, filing earlier rather than at month twenty-two gets the case on the court’s calendar sooner.

Common mistakes

Settling early to end the uncertainty is the most expensive one. Stopping treatment because the case is taking long is the second, and it is self-defeating, because the stopped treatment is what the insurer will then use to justify the delay. Changing lawyers mid-case for speed usually adds months while the new office rebuilds the file. Comparing your timeline to a friend’s case with a different injury and a different insurer leads to decisions based on the wrong information.

Questions people ask next

How long after the demand will the insurer respond? Typically thirty to sixty days. A demand with a response deadline, which a policy limits demand always has, tends to get an answer inside the deadline.

Does hiring a lawyer slow the case down? It usually lengthens the period before the demand, because the attorney waits for treatment to end, and shortens everything after, because the demand is complete and the insurer takes it seriously.

What if the other driver was uninsured? Your uninsured motorist claim proceeds against your own insurer on a similar timeline, with arbitration instead of a lawsuit if the UM carrier and you cannot agree.

Manoukian Law Firm handles car accident cases throughout the San Fernando Valley and Los Angeles County, and Vaheh Manoukian personally handles each file from the first call through settlement or trial. If you want an honest estimate of how long your case will take, call (818) 818-5031 for a free consultation.

Last reviewed by Vaheh Manoukian, Esq., founding attorney, Manoukian Law Firm.

Client reviews

What clients say

★★★★★

You made the entire process easy and stress-free for me, and I truly appreciate your dedication and expertise. I'm very grateful for the outcome you achieved.

Paola B. · Google review
★★★★★

This law firm was recommended to me by a friend, and I was able to tell that Vaheh takes the time to understand his client's case and provides optimal solutions. All of my concerns were addressed and there was consistent communication between us the entire time.

David M. · Google review
★★★★★

From the moment I reached out, Vaheh was responsive, professional, and attentive to my needs. He took the time to carefully explain all my options, answered all of my questions, and made sure I felt comfortable throughout the entire process.

Erik S. · Google review
★★★★★

His work ethic, integrity, and attention to detail are unmatched. Vaheh communicates clearly, keeps you informed, and makes you feel supported every step of the way. It's rare to find an attorney who combines skill, compassion, and professionalism at this level.

Serj A. · Google review

Reviews are from Google and are reproduced as written. Every case is different, and results vary.

Read more reviews →

Free consultation

Start with a free consultation.

Confidential and free, with no obligation. Tell us what happened, and an attorney calls you back the same business day.

(818) 818-5031

Tell us what happened.

Free and confidential. An attorney calls you back the same business day.

or
Pick a time for a call back By submitting you agree to be contacted about your case by phone, text or email. Message and data rates may apply. Reply STOP to opt out. See our Privacy Policy and Terms. Protected by reCAPTCHA. The Google Privacy Policy and Terms of Service apply.