How Long Is the Legal Process of a Car Accident?

Here's an overview of the key phases of the legal process after a car accident and how long each typically takes.

06:28 25 April 2025

There were 5.93 million crashes reported to the police in 2022, which sent 2.3 million people to the ER with injuries. Beyond just the physical injuries and damage to your vehicle, there is also a long legal process that follows. Knowing what to expect can help you navigate it more smoothly. Here's an overview of the key phases of the legal process after a car accident and how long each typically takes.

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Reporting the Car Accident Immediately After - Hours to Days

The legal process starts right at the scene of the accident. As soon as it is safe to do so, you'll want to report the accident to the police. Despite this, 14.5% of all crashes in 2022 involved a driver who fled the scene.

Once reported, an officer will come to the scene, take statements from all involved parties, document the damage, and file an official accident report. This report becomes a crucial piece of evidence later on.

You'll also want to notify your insurance company about the accident as soon as possible. Reporting it quickly ensures there are no issues with your claim down the line. Many insurance policies require notification within 24 hours. Though you aren't admitting fault by reporting it, the details need to be provided promptly.

In some cases, it may be beneficial to consult with car accident lawyers early in this phase. They can guide you on the best way to document the accident, preserve evidence, and avoid making any statements that could unintentionally affect your claim.

Investigating Fault and Claims - Days to Weeks

After the initial accident report is filed, the investigation into what happened begins. Your insurance company will open a claim, obtain police reports, and interview witnesses to determine fault. This process helps them decide who was liable and how to proceed with settling claims. Simple accidents may take just days to investigate while complex ones require a few weeks.

Your insurer will also assess the damage to your vehicle – the average cost of damage is $6,100 per vehicle. You will need to get repair estimates and send those in. Total losses will be evaluated based on the current value of your car. For injuries, your provider’s records will be reviewed if you seek reimbursement for medical expenses.

Negotiating the Car Accident Settlement - Weeks to Months

Once fault is determined and claims are filed, negotiations begin between insurers. Your insurer will make an initial settlement offer based on the assessed damages. This starts a back and forth between insurers to agree on a final number. Most claims settle within 6-12 months, while complex ones with injuries, disputes, and legal counsel may take 18+ months.

If you disagree with the settlement, you can dispute it and provide evidence to justify a higher amount. However, settlements at this stage usually avoid the need for lawsuits. Accepting a reasonable settlement from your insurer is far faster than taking legal action.

Filing a Personal Injury Lawsuit - Months to Years

If you exhaust options with your insurer and disagree with their settlement offer, the next step is taking legal action. You'll need to hire a personal injury lawyer and file a lawsuit against the at-fault driver. The litigation process takes time as you'll need to collect evidence and may have to go to trial.

The time it takes depends on factors like how backlogged the courts are and how contentious the case is. It can often be 12-18 months before a personal injury case goes to trial. If it does go to trial, the verdict and award outcomes introduce further delays.

Understanding the key phases helps set expectations so you can recover from the accident as smoothly as possible.