A car accident can leave you with more questions than answers, especially in the days that follow. You may be coping with painful injuries while dealing with the insurance company, and feel uncertainty about what will happen next and how long the claims process will take.
Rob Levine Law is here to help. This guide outlines the general timeline for car accident claims, enabling you to better understand the process. Because every case is unique, it is essential to consult with one of our car accident lawyers as soon as possible to receive tailored answers and ensure your claim gets started on the right path.
Contact us today for a free, no-obligation case evaluation.
Phase 1: Early Actions and Reporting the Accident - Day 1 to 2 Weeks
The first two weeks after a car accident set the foundation for your claim. Seek medical attention immediately, even if injuries seem minor, and keep detailed records of all visits, treatments, and diagnoses. Discuss all of your injuries and symptoms in detail with your medical providers.
Report the accident to the police and obtain a copy of the police report once it has been completed. Document everything early. Take photos of your injuries, the scene of the accident, and the damage to your vehicle. Gather witness statements and contact information.
Notify your insurance company about the accident promptly and accurately. Avoid providing detailed statements to insurance adjusters or accepting initial offers, as these tactics are often used to minimize their payout. Consult with a car accident lawyer as soon as possible to learn about your legal options and to protect your rights to compensation.
Phase 2: Ongoing Medical Treatment and Claim Preparation - First Weeks and Months
During this phase, focus on both recovery and building your claim. Attend medical follow-ups, therapy, and specialist consultations, and maintain detailed records of each visit. Continue to collect evidence to support your case, including documentation of your lost wages, medical bills, and proof of liability. Organize the documents so they are easily accessible during the claims process.
A key milestone during this phase is reaching Maximum Medical Improvement, or MMI—the point when your injuries have stabilized, and your doctor can determine your long-term prognosis. Waiting to settle until you reach MMI helps accurately determine the total impact of your injuries and assess the full compensation you may be entitled to.
Phase 3: Settlement Negotiations and Claim Resolution - One Month and Ongoing
Once you complete treatment a car accident claim typically moves into settlement negotiations. Your attorney may send a demand letter to the insurance company detailing your injuries, medical expenses, lost wages, and other losses and providing a proposed settlement amount.
The insurer reviews your claim and may request additional documents or propose an initial settlement. Settlement negotiations follow, involving discussions and multiple offers and counteroffers until both sides either reach an agreement or come to an impasse that must be resolved through litigation.
When a settlement is finalized, the terms are documented and signed. Working closely with your attorney ensures your claim is handled correctly and that your compensation reflects the full impact of your accident.
Phase 4: Pursuing a Lawsuit if Your Car Accident Claim Does Not Settle - 1 to 3+ Years
This phase only occurs if negotiations fail to produce a settlement. At this point, your attorney may file a lawsuit to pursue compensation through the civil court system. After filing, the discovery phase occurs, during which the parties exchange evidence and take depositions. The parties will then prepare the case for trial. Mediation or other alternative dispute resolution methods may occur at this point. Finally, if necessary, the case will proceed to trial, where a judge or jury will decide the outcome.
While litigation may take longer than a negotiated settlement, careful preparation and guidance from your attorney increase the likelihood of a favorable outcome.
Read more: Why You Shouldn’t Settle Without a Lawyer
Phase 5: Receiving Your Settlement or Verdict Payment
This phase marks the finish line in your car accident claim. About two to eight weeks after your personal injury settlement or court verdict is finalized, the insurer issues payment, and your attorney deposits it into a client trust account.
From there, the firm first deducts the pre-agreed legal fees and reimburses any case costs. At firms like Rob Levine Law, we only get paid our legal fees if you recover compensation. We clearly explain our fees upfront.
Next, all liens and outstanding obligations will be satisfied. This includes any outstanding medical bills or health insurance subrogation claims related to your injury. Once those debts are paid, your attorney issues the net settlement check, which is your payment after all legal fees, case expenses, and liens have been resolved.
Calculate the Value of Your Case
Use our free personal injury settlement calculator to determine how much your case may be worth. This calculator is designed to give you a value with a range based on thousands of case we have settled.
Let Rob Levine Law Guide You Through Your Car Accident Claim
From the first days after an accident to the final resolution, every phase of a car accident claim matters. Trying to manage it alone can add unnecessary stress during an already difficult time. Rob Levine Law has a dedicated legal team that understands the process and knows how to efficiently move your claim forward. With our attorneys advocating for you, the timeline becomes more manageable, and you gain peace of mind knowing your case is in capable hands.
Win or no fee™, that’s the Fee Free Guarantee ®. Contact us online or call (800) 742-3920 today for a free consultation.
