A car accident settlement is an agreement in which the insurance company pays a set amount and you give up the right to sue over that crash. The deadline to sue if no agreement is reached is generally two years in California (Code of Civil Procedure 335.1) and Texas, and three years in Washington. The pages in this section answer one question each.
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How does a car accident settlement work?
The claim starts when the insurer is told about the crash. You finish treatment, the medical records and bills are gathered, and a written demand goes to the adjuster. The adjuster answers with an offer, and the two sides trade numbers until they agree or a lawsuit is filed. When they agree, you sign a release, and that release closes the claim for good.
In California an insurer generally has 40 calendar days to accept or deny a claim once it has proof of the claim, under title 10, section 2695.7 of the Code of Regulations. Texas and Washington have their own rules, and each page here links to the official text.
How long do I have to sue if the insurer will not pay?
The time to file a lawsuit for an injury is generally two years in California, two years in Texas (Civil Practice and Remedies Code 16.003) and three years in Washington (RCW 4.16.080). Claims against a city, a county or a state agency have shorter notice periods. Negotiating with an adjuster generally does not extend these dates.
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What comes out of the settlement before I am paid?
The settlement amount and the amount you take home are different numbers. Attorney fees and case costs come out under your fee agreement. Medical providers, health plans and government programs that paid for your care may have a right to be repaid from the same money. Medicare is one of them, as CMS explains. Ask for a written breakdown before you sign.
What to do now
- Get medical care and follow it through.
- Keep every bill, record, photo and letter in one place.
- Write down your deadline to sue.
- Do not sign a release until you know what future care will cost and who must be repaid.
If you have questions about a claim in California, Texas or Washington, call Beverly Law at (310) 552-6959. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.
Pages in this section
- Average Settlement for a Car Accident Back and Neck Injury: What Really Sets the Number
- Car Accident Settlement Calculator: How the Number Is Built in California, Texas and Washington
- Why Is My Car Accident Settlement Taking So Long?
- Your Car Accident Settlement Check: Who It Is Made Out To, Where It Goes and When You Get Paid
- Car Accident Settlement With No Injury: What Can You Recover?
- How Long Does a Car Accident Settlement Take? A Stage-by-Stage Timeline
- Herniated Disc From a Car Accident: How the Settlement Is Valued
- Do I Need a Lawyer for a Car Accident Settlement? When You Can Handle It and When You Should Not
- How to Get More Money From a Car Accident Settlement: Steps That Protect What Your Claim Is Worth
- Texas Car Accident Settlement Amounts: What Decides Your Number?
- How Much Should You Expect From a California Car Accident Settlement?
- Are Car Accident Settlements Taxable?
- Average Settlement for a Broken Bone in a Car Accident: What Changes the Value
- Thoracic Outlet Syndrome After a Car Accident: Diagnosis, Causation and Settlement Value
- How Do Car Accident Settlements Work? From the Claim to the Check, Step by Step
- Average Settlement for a Child in a Car Accident: Court Approval in CA, TX and WA
- What to Do After a Car Accident That Was Not Your Fault
- Is It Worth Getting an Attorney for a Car Accident? An Honest Breakdown
- Can I Claim for Anxiety After a Car Accident?
- How Long After a Car Accident Can You Claim Injury?
- How Long Do You Have to Report a Car Accident?
- Can You Claim a Car Accident Without a Police Report?
- How Much Does a Car Accident Lawyer Cost? Contingency Fees, Costs and What Comes Out of Your Settlement
- Does Health Insurance Cover Car Accidents? How It Works With MedPay, PIP and Your Claim
- How Is Fault Determined in a Car Accident? Evidence, State Rules and Your Rights
- What Is the Average Payout for a Rear-End Collision? What Really Sets the Amount
- What to Do When You Get Rear-Ended: Steps That Protect Your Health and Your Claim
- When Is a Rear-End Collision Not Your Fault? Who Is at Fault When Rear-Ended
- What to Do in a Hit and Run: Your Report, Your Insurance Claim and Your Deadlines
- Is Uninsured Motorist Coverage Required in California?
- Is Uninsured Motorist Coverage Required in Texas?
- How Much Can I Get From an Uninsured Motorist Claim?
- How Is Pain and Suffering Calculated?
- How Much Do Insurance Companies Pay for Pain and Suffering?
- How to Negotiate a Pain and Suffering Claim Without a Lawyer
- Is Pain and Suffering Separate From Medical Bills?
- Are Personal Injury Settlements Taxable?
- How Are Personal Injury Settlements Paid Out?
- Can Creditors Take My Personal Injury Settlement?
- Are Personal Injury Settlements Marital Property?
- How Much to Ask For in a Personal Injury Settlement
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Car Accident Settlements — Beverly Law
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Related pages
Cash advance on a lawsuit · Law Blog
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Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.