How to Get More Money From a Car Accident Settlement: Steps That Protect What Your Claim Is Worth

The steps that most affect a settlement are proving the injury, treating without gaps, finding every policy that applies, including your own UM/UIM, MedPay or PIP, and reducing liens. All of it must happen before you sign a release and within the deadline to sue: generally two years in California and Texas (Civil Practice and Remedies Code 16.003), three in Washington (RCW 4.16.080).

No step on this page promises a higher number. Each one removes a reason the insurer uses to pay less.

What evidence makes a car accident claim worth more?

An adjuster pays for what the file proves. Start with the official crash record.

• California. A driver must send an SR-1 report to the DMV within 10 days when anyone is injured, however slightly, or property damage is over $1,000, according to the California DMV.
• Texas. You can buy the officer’s crash report (form CR-3) online from the Texas Department of Transportation.
• Washington. If no officer reports it, a driver involved in an injury crash must file a written report within four days (RCW 46.52.030).

Then build the rest of the file: photos of the cars, the scene and your injuries; names and numbers of witnesses; pay stubs and a letter from your employer showing missed work; and a short weekly note on pain, sleep and what you could not do. Notes written at the time carry more weight than memories written a year later.

Why do gaps in treatment lower a settlement?

When weeks pass between appointments, the adjuster argues that you had recovered or that something else caused the later pain. The fix is simple: keep every appointment, and if you must stop, tell your doctor why and make sure the reason is written in your chart, such as cost or a lack of child care.

What is billed is not always what counts. In Texas, recovery of medical expenses is limited to the amount actually paid or incurred (Civil Practice and Remedies Code 41.0105), so the final bills and payment records matter. In California, an insurer may not make an unreasonably low offer, and the regulator weighs whether it considered the evidence you submitted (10 CCR 2695.7(g)). Send complete records once, and keep proof that you sent them.

Is there more insurance than the other driver’s policy?

Often there is, and it is on your own policy. Uninsured and underinsured motorist coverage (UM/UIM) pays when the at-fault driver has no insurance or not enough.

• California. The insurer must offer UM/UIM coverage, and if you decline it you must sign a waiver, according to the Department of Insurance.
• Texas. A policy must include UM/UIM coverage unless a named insured rejects it in writing (Insurance Code 1952.101).
• Washington. UIM coverage must be offered and can be rejected only in writing (RCW 48.22.030).

If you never signed a rejection, ask your insurer for it. Also check for coverage on a household member’s policy, an employer’s vehicle or a rideshare account.

Can MedPay or PIP pay my bills while the claim is open?

These coverages pay medical bills no matter who caused the crash, which keeps treatment going.

• California. Medical payments coverage is optional and pays limited medical expenses regardless of fault. The minimum you can buy is $1,000 per person, as the Department of Insurance explains.
• Texas. Personal injury protection must be included unless rejected in writing, the law does not require more than $2,500 per person, and it pays without regard to fault (Insurance Code chapter 1952). The Texas Department of Insurance explains both PIP and UM coverage.
• Washington. PIP must be offered (RCW 48.22.085), and the minimum coverage includes $10,000 in medical and hospital benefits and $10,000 in income continuation (RCW 48.22.095).

How does shared fault change the amount?

In Washington, your share of fault reduces your compensation in proportion but does not bar it (RCW 4.22.005). In Texas, you recover nothing if found more than 50 percent responsible (Civil Practice and Remedies Code 33.001). Evidence that answers the fault argument, such as dashcam video, the crash report and witness statements, protects the number more than any negotiating tactic.

How can liens be reduced so more reaches me?

The settlement and your net are different numbers, and liens sit between them. Medicare takes into account attorney fees and costs you paid when it calculates what it is owed, when they are reported to Medicare, as CMS explains. Washington limits the combined statutory liens of hospitals, ambulance services and treating providers to 25 percent of the settlement (RCW 60.44.010), and a Texas hospital lien is generally limited to the lesser of certain charges or half of the recovery (Property Code 55.004). Many private liens can also be negotiated down.

What to do now

1. Get the crash report and gather photos, witness names and pay records into one folder.
2. Keep every medical appointment. If you miss one, ask that the reason be noted.
3. Ask your own insurer for your declarations page and any signed UM/UIM, MedPay or PIP rejection.
4. Open a MedPay or PIP claim if you have the coverage.
5. List everyone who paid for your care and ask each for a written lien amount.
6. Do not sign a release until treatment is finished or its future cost is known, and track your deadline to sue on the California Courts page or your state’s statute.

Get a second opinion on your offer

If you have an offer and are not sure it reflects your injuries, call Beverly Law at (310) 552-6959. We handle car accident cases in California, Texas and Washington. You owe no fees or costs unless we win.

Common questions

Related pages

Car Accident Settlements · Car accident settlements · Why is my settlement taking so long? · Law Blog

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.