2024 How Long Does It Take to Settle a Car Accident Claim in California?

If you have been injured in a car accident, you could face a long series of legal proceedings before you recover compensation for your losses. It’s natural to wonder, how long does it take to settle a car accident claim in California? The reality is that the timeline for your case will vary based on several factors, but you can speed up the process by working with an experienced car accident attorney.

Steps for Resolving Your Car Accident Claim in California

Resolving a car accident claim in the state is typically a multifaceted process that will begin with proving fault for the accident. California upholds the fault-based system for resolving all motor vehicle accident cases, meaning the driver at fault absorbs liability for the resulting damages. A victim of a car accident must prove fault before they will be able to claim any compensation through auto insurance and/or a personal injury claim.

An experienced personal injury attorney can help their client gather the evidence they must have to prove fault for their recent accident. This evidence could include testimony from witnesses who saw the accident happen, vehicle computer data, traffic camera footage, and the other driver’s cell phone records. Once fault is established, the victim can proceed with filing an auto insurance claim with the insurance company of the at-fault driver.

An insurance company is required to respond to a claim for coverage within a reasonable time, but it is prudent for the claimant to expect resistance from it. An insurance carrier will almost always fight back against a claim for coverage in whatever way it can, sometimes engaging in bad-faith tactics in their efforts to avoid paying out fair settlements or justify claim denials. You are less likely to encounter this when you have legal counsel on your side.

Your Orange County car accident lawyer can help you navigate the insurance claim filing process and ensure that your claim is handled in good faith. If insurance will not fully cover your damages, you will need to prepare a personal injury suit in order to fully recover from the accident. Success with this claim will hinge on your ability to prove fault for the accident and establish the extent of damages you suffered because of the defendant’s negligence or misconduct.

Ultimately, the time your case may require to complete will hinge on whether the fault for the accident is clear and whether you are able to fully recover your losses through insurance alone. A simple car accident case may be settled within a few weeks, but a contested claim involving substantial damages could take several months or even more than a year to reach any type of conclusion if you need to file a personal injury suit against the at-fault driver.

Regardless of what your car accident case entails, you will have the greatest chance of reaching a positive outcome when you have trustworthy legal counsel on your side. Duque & Price has extensive experience representing car accident victims and will do everything we can to not only help you maximize your recovery but do so within the shortest possible timeframe.

FAQs

What Is My Car Accident Claim Worth in California?

The value of your car accident claim largely depends on the scope and severity of the damages you suffered. Once you prove fault for the accident, you can seek compensation for any financial losses the at-fault driver caused, such as vehicle repair costs, medical expenses, and lost income if you are unable to work after the accident. Your attorney can help you assess the total value of your claim.

What Should I Do First After a Car Accident?

The first thing you should do after a car accident is seek medical care for your injuries. If you were severely injured, first responders are likely to transport you to the nearest hospital for treatment. If you are able to get up and move around safely, you should report the accident to 911, document as much as you can from the scene of the crash, and wait for the police to arrive. Once they allow you to leave, seek medical care immediately.

What if I Was Partially at Fault for the Accident?

If you were partially at fault for the accident, you should expect this to be reflected by a penalty to your recovery. California follows a pure comparative fault rule that comes into play in any case in which a plaintiff is found partially liable for the damages they have cited in their claim. If you bear partial fault, your fault percentage will dictate how much of your case award you will lose as a penalty.

What if the At-Fault Driver Does Not Have Auto Insurance?

If the at-fault driver does not have auto insurance, you may be able to claim compensation from your own insurance policy if you have uninsured driver coverage. Your attorney can help you navigate all insurance-related issues after your accident. If necessary, you may need to file a personal injury claim against the at-fault driver if their insurance will not fully cover your losses or if they do not have insurance at all.

Why Should I Hire an Attorney After a Car Accident in California?

You should hire an attorney after a car accident because, with their help, you will be significantly more likely to maximize the total compensation you recover for your damages in an efficient manner. They can help you prove fault for the accident, navigate the insurance claim filing process, and build an effective personal injury suit if necessary to ensure the fullest possible recovery of your damages.

Duque & Price has years of professional experience helping car accident victims recover from their accidents throughout the state, and we can answer your questions and provide legal support when you need it most in the aftermath of a crash. Contact our team today and schedule a free consultation with an experienced team of attorneys to learn more about the legal services we provide and what we can do to help you recover.

Related Posts

• California Car Accident Statistics
• Average Car Accident Settlement in California

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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