You need to know how long your car accident settlement will take. LA Century Law explains San Bernardino car accident settlement timelines.

Average Time to Settle a Car Accident Claim

Car accident settlement timelines depend on case complexity. The simpler the case, the faster the settlement, usually.

If the fault is obvious, injuries are minor, and there’s enough insurance to cover losses, the case will settle faster. When injuries are severe, if fault is disputed or there are other issues, it may take longer.

Here are some examples:

Example #1:

Case timeline: 1-2 months

Fault is undisputed. Injuries are easy to diagnose. They heal quickly. The party at fault has enough insurance.

Example #2:

Case timeline: 6 months

Fault is undisputed, but the victim has significant injuries. It takes some time to determine the long-term prognosis.

Example #3:

Case timeline: 6 months-1 year

The defendant says they’re not at fault. It takes time to investigate and build evidence.

Example #4:

Case timeline: 1-3 years

Injuries are life-changing. Because the claim is large, an investigation is needed to find sources of compensation. The case goes to court.

Example #5:

Case timeline: 1-3 years

There are multiple parties involved, often including commercial drivers. Fault is disputed. Damages are high. The case goes to court.

Typically, when a car accident claim is simple and straightforward, it takes 1-3 months without going to court. With strong case building, even significant claims can be resolved without a formal court filing.

Why is My Car Accident Settlement Taking So Long?

Here are some things that may influence the car accident settlement timeline:

Disputed fault. Questions about the defendant’s fault, or questions of comparative negligence.
Severe injuries. When injuries leave permanent disability or require significant medical care.
Complex injuries. Pre-existing conditions or questions about the cause of injuries.
Insufficient insurance. The defendant doesn’t have enough insurance, or there are coverage disputes.
Multiple defendants. Multiple defendants may be at fault for the accident.
Waiting for information. You need to gather employment records, medical treatment records, or other documents to build your case.
Insurance bad faith. The insurance company is stalling or being unfair.
Court timelines. You’re waiting for your court date.

Your case may have a combination of these factors.

How Long Do You Have to File in California?

California Code of Civil Procedure § 335.1 creates a two-year time limit for car accident injury claims. When the claim is for property damage only, you have three years.

Filing your case, reporting to insurance – what’s the difference?

Filing the case means starting a case in court. You file a summons and complaint to formally initiate a lawsuit.

Your insurance policy likely requires you to report the accident promptly or within a reasonable time. But reporting the accident to the insurance company doesn’t count as starting the case in court.

When you first report the crash to the insurance company, you’re still in the immediate aftermath. It can be tempting to say too much. For now, just give the facts. Tell them that there are injuries and that you will follow up later. If you’re not sure if you’re injured, tell the insurance company you’re going to get a medical evaluation.

What You Can Control Vs. What You Can’t

Some parts of the car accident settlement timeline are within your control. For example, you can get medical care and keep records of your care. You can gather employment records and identify witnesses. You can stay in close contact with your attorney to prepare evidence and discuss strategy.

Other things that influence how long a car accident settlement takes in San Bernardino are outside of your control. For example, if a commercial driver is involved, it may take longer to investigate the case. That’s not necessarily a bad thing, but it can take time. In addition, you can’t control whether the insurance company cooperates or whether the defendant simply wants their day in court.

How to Speed Up Your Car Accident Settlement

You can’t directly control the defendant, but you can push towards a settlement by aggressively pursuing your case.

That might mean:

Gathering evidence. To build a strong case.
Filing a legal claim. Filing a summons and complaint in court.
Motioning to the court. To answer preliminary trial questions.
Strategic negotiations. Guided mediation or direct negotiations.
Discovery. Using legal procedure to narrow the issues in dispute.

In addition, you can keep your case on track by avoiding mistakes. Don’t miss case deadlines, skip medical appointments, or post on social media about the accident.

When to Stop Waiting and Push the Insurer

Many San Bernardino car accident claims settle without a formal court filing. Other times, going to court is the only way to move the case forward.

The insurance company may request more and more information. They may not respond at all when you contact them. It may be getting close to the filing deadline.

When you’re at a standstill with the insurance company, it’s time to file. An attorney can help you file your case at the right time.

San Bernardino courts and your car accident case timeline

The Superior Court of San Bernardino is the trial-level court for San Bernardino car accident claims. Most limited and unlimited claims for car accidents in San Bernardino are heard in the Civil Division of the San Bernardino Superior Court. Limited claims involve a case value of $35,000 or less. Unlimited claims involve disputes over $35,000.

Generally, California Superior Courts follow the same rules and operating procedures. But the court’s local scheduling and caseload can still impact your case timeline. The attorneys at LA Century Law are experienced in the local courts. We can estimate a timeline that’s specific to your case.

Talk to Car Accident Attorneys at LA Century

LA Century Law is a premier injury and accident law firm. We represent car accident victims and families in San Bernardino. If you’re wondering about your car accident settlement timeline and why your case may be taking so long, contact us. See if an attorney can help.

Call or message us now.

German Carreno

★★★★★

They are very good lawyers. I recommend them from the first day you call them. They answer you very kindly. Karla Lopez is helping me. She keeps me up to date with everything that is happening and although my case is not yet resolved, I know that they they will help me

Axel Garcia

My name is Axel and I am 100% satisfied with the service this Law Firm has provided to me and my father. They are very responsible and know what they’re doing. I highly recommend the Attorney 100% all the way they keep it real and organized took care of us thank you so much. May your business continues to grow, God bless

Mayela Aguilar

The LA century law team is one that I should recommend to everyone. Thanks to jasmine for being so kind.

Stacy Pereyra

Excellent communication with thier clients.

Joshua Shadrokh

I started my case with this firm on march 03, 2023 right after I got into my accident, and was met with a warm welcome and quick and speedy treatment, all the case managers were extremely helpful in getting me the treatment I needed. As well as answering any questions I had, the attorneys were also extremely helpful and kind, especially Ryan and Shantel, they were amazing attorney who were swift and efficient and getting me the settlement I needed. Thank you so much to the LA century Law team. And I would highly recommend this firm to anyone who has been involved in a personal injury and seeks out justice.

Cal Wong

Zeidy and Eric have been a tremendous help with my auto accident case. They got me the best medical care/treatment I could get for my back injury and got fought for the settlement they believed I deserved. The case finally closed after a year of medical treatments and negotiations. I had many questions through emails and messages that were answered fairly quickly. I would say don’t hesitate to message a couple days later if they don’t respond back to a message since they are very busy with many cases at once. I’m very satisfied with the service and care they put into my case. I would definitely recommend them as a law firm just as my friend recommended them to me.

Free Consultation