Pines Salomon Personal Injury Lawyers | March 27, 2025 | Personal Injury
A car accident can disrupt your life in an instant. What seemed like just another day yesterday can suddenly feel overwhelming today. With mounting medical bills, time off work for hospitalization and recovery, and the emotional toll of the situation, it’s easy to feel pressured into accepting the insurance company’s initial settlement offer. However, this could be a costly mistake, as these early offers often fail to reflect the true value of your claim.
While it may take longer to negotiate a fair settlement, accepting a lowball offer would leave you significantly under-compensated. So, how long does an insurance claim take? Though there is no definitive answer, understanding the process can help you navigate the system more efficiently and secure the compensation you deserve.
California’s 30-Day Rule
How long does it take insurance to process a claim after settlement? As a California insurance consumer, you are luckier than residents of many other states. California law requires insurers to pay within 30 days of settling your claim unless a lien is involved. Insurers generally pay within far less than 30 days of settlement. The real sticking point is not how long an insurance company waits to pay you after settlement but how long it takes to settle in the first place.
Factors That Can Delay Settlement
Below is an explanation of just a few of the most common circumstances that might delay payment of your claim.
Failure to Complete Required Documentation
Pursuing a claim to settlement takes a lot of paperwork—police reports, medical records, etc. If you try to rush through this procedure, you will end up with missing or incorrect documentation. Although there is such a thing as excessive documentation requests, insurance companies do have the right to demand a certain amount of documentation from you.
The Complexity of Your Case
If your case involves more than one plaintiff and more than one defendant, the complexity of your case will increase exponentially. The same applies if complex or novel legal issues are involved or if someone died in the accident. The more complex the claim, the longer you are likely to have to wait to get your settlement check.
When You Reach Maximum Medical Improvement (MMI)
You reach maximum medical improvement (MMI) on the day that your doctor declares that your condition has improved as much as it is ever going to. Ideally, that means a full recovery. If it doesn’t mean full recovery, it means you will have to deal with some permanent disability or infirmity.
Once you reach MMI, most or perhaps even all of your medical expenses are behind you. This matters because until you reach MMI, it will be difficult to calculate your medical expenses. If you can’t calculate your medical expenses, then you can’t calculate the amount of your settlement demand. Naturally, the insurance company cannot agree to pay you if they don’t even know how much you are demanding.
Whether You File a Lawsuit
How long does it take for an insurance claim to settle if you file a lawsuit? Although there is no certain answer to that question, a skilled attorney can expedite settlement by filing a lawsuit at just the right time. The benefits of doing so can include:
- Breaking a negotiation stalemate to show the defendant you mean business. The defendant might just respond with a fair settlement offer.
- Beating the statute of limitations deadline for filing a lawsuit.
- Gaining access to the pretrial discovery evidence collection process. This process might yield so much evidence from the defendant that they have no choice but to settle immediately or risk losing in court.
You can settle a lawsuit at any time right up to the final verdict, even while the jury is deliberating your case.
Disbursement Process
Once you sign a settlement agreement, the insurance company will process the payment and pay the settlement amount to your lawyer’s client escrow account. Your lawyer will deduct their contingency fee, any outstanding out-of-pocket case expenses, and any liens on your settlement (medical liens are common, for example). They will then send the rest of the money to you. The entire process, from the insurance company’s disbursement to more money in your checking account, shouldn’t take more than a few weeks.
Do You Need a San Diego Car Accident Lawyer?
In California, insurers are required to pay within 30 days of settlement, but the real wait often comes from the time it takes to reach a fair agreement. Factors like incomplete documentation, case complexity, and your medical recovery all play a role in the timeline. If you’re dealing with a substantial claim, seeking assistance from an experienced San Diego car accident lawyer can help expedite the process and ensure you receive the compensation you deserve.
Contact the Car Accident Lawyers of Pines Salomon Injury Lawyers in San Diego, CA, for Help Today
For more information, contact an experienced car accident lawyer at Pines Salomon Personal Injury Lawyers to schedule a free initial consultation today.
We proudly serve San Diego County and its surrounding areas:
Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Available 24/7
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031
Available 24/7
