How Long Will It Take to Get My Settlement Check from a Car Accident?
June 10, 2025 Posted In Car Accidents
In California, there is no fixed timeline for receiving a car accident settlement. Some cases resolve within a few months, while others may take over a year.
1. Maximum Medical Improvement (MMI)
Before beginning serious settlement negotiations, your medical treatment must reach a point of stability. This is known as reaching Maximum Medical Improvement (MMI)—when your condition has stabilized and doctors understand your long-term prognosis. Settling before reaching MMI can result in inadequate compensation because future medical needs may not be fully known.
For minor injuries, MMI may take a few weeks or months. For more serious injuries, it can take a year or longer. Delays in treatment or complex conditions can extend this phase.
2. Investigation and Documentation
Once your treatment progresses, your attorney or claims adjuster must gather documentation, including:
- Medical records and bills
- Proof of lost income
- Accident reports and photographs
- Witness statements
- Insurance policy details
- Expert opinions (if needed)
This documentation supports your claim and helps calculate damages. Thorough documentation usually strengthens your case but adds time to the process.
3. Demand Letter and Negotiation
When your Perris personal injury attorney has all the evidence, they will send a demand letter to the at-fault party’s insurance company. This letter outlines the facts of the case, your injuries, and the compensation sought.
The insurer typically responds within 30 to 45 days. They may accept the demand, reject it, or make a counteroffer. In many cases, multiple rounds of negotiation follow, which can last several weeks or months. The more complex the injuries and damages, the longer negotiations typically take.
4. Settlement Agreement and Release
Once both parties agree on a settlement amount, you must sign a release of liability, which finalizes the agreement. This legal document confirms that you will not pursue further claims against the at-fault party in exchange for the agreed payment.
In California, once the release is signed, insurance companies are generally required to issue payment within 30 days under standard industry practice. However, delays may occur due to processing issues, lien negotiations, or internal approvals.
5. Paying Liens and Disbursement
If you received treatment under a medical lien, your attorney must resolve those liens before distributing funds. Similarly, if your health insurer paid for treatment, they may seek reimbursement. Once all outstanding balances are settled, your attorney will deduct their fees and send you the remaining funds.
What Factors Can Delay a Car Accident Settlement Check?
The most frequent delay involves ongoing medical treatment and waiting to reach MMI. Liability disputes also slow the process. If the insurer questions who caused the accident, negotiations or litigation may be necessary. Delays can also result from incomplete documentation, such as missing medical records or proof of lost wages.
Can I Speed Up the Settlement Process?
There are steps you can take to help avoid delays:
- Follow Doctor’s Orders: First, seek prompt medical treatment and follow your doctor’s instructions. Delayed or inconsistent care can stall your claim.
- Provide Documentation: Respond quickly to requests for documents such as medical records and proof of lost wages.
- Steer Clear of Social Media: Avoid posting about the accident on social media, as insurers may use it against you.
- Hire an Attorney: Working with an experienced personal injury law firm who knows how to negotiate and handle paperwork efficiently can significantly help move the process forward.