You signed with a lawyer, or you are about to, and now you are wondering what actually happens next. Who calls the insurance company? Who fixes the car? When do you hear back? Here is the whole path of a California injury claim in 2026, step by step, in the order it usually happens.
The short answer
Once you hire us, the insurance companies talk to us, not you. We handle the property damage, collect your records and bills while you treat, and send a demand when your doctors know the full picture. Most claims settle through negotiation. If the insurer will not be fair, we file a lawsuit before the deadline. At the end, we pay the bills and liens out of the settlement and you get your share.
Step 1: The agreement and the letters go out
California requires a contingency fee agreement to be in writing and signed, under Business and Professions Code 6147. It must state the fee, how costs are handled, and that the fee is negotiable. Read it. Ask about anything that is not clear. Our guide on what a personal injury lawyer costs walks through the terms.
Within days, we send letters of representation to every insurance company involved: the other driver's insurer and your own. From that point on, adjusters must contact us. If one calls you anyway, give them our name and hang up. You do not owe them a recorded statement, and our guide on recorded statements explains why.
We also send preservation letters where they matter. That means asking a store, a bus company, or a trucking company to save video, logs, and records before they are erased.
Step 2: Your car gets handled first
The vehicle is usually the first thing settled, because you need to get around. We help you open the property damage claim, get the car to a shop or an appraiser, and push for a fair repair estimate or total loss value. If you had rental coverage, or the other side accepts fault, we push for a rental too.
Property damage is often handled separately from your injury claim. Settling the car does not settle your injuries.
Step 3: You focus on treatment
This is your job, and it is the most important one. Go to every appointment. Follow your doctor's plan. Tell your doctors about every symptom, including the ones that seem small. Gaps in treatment are the first thing an adjuster uses to argue you were not really hurt.
If you do not have health insurance, or your plan will not cover a provider you need, tell us. There are ways to get care now and pay from the settlement later. Those bills become liens, and we deal with them at the end.
While you treat, keep a simple list: missed work days, out-of-pocket costs, and the things you cannot do anymore. That list becomes evidence.
Step 4: We build the file
While you heal, we gather what proves the claim:
- The police or CHP report and any photos or video
- Witness names and statements
- Medical records and itemized bills from every provider
- Proof of lost wages from your employer
- Insurance policy limits for every driver and policy involved
We also check your own policy. If the other driver has no insurance or too little, your uninsured or underinsured motorist coverage may step in. Our UM and UIM guide explains how that works.
Step 5: The demand, once you finish treating
We usually wait until you finish treating, or until your doctor can say what your future care looks like. Sending a demand too early can leave money on the table, because nobody knows yet how bad the injury really is.
The demand package lays out what happened, why the other side is at fault, every medical bill, your lost income, and how the injury changed your life. It goes to the insurer with a deadline to respond.
Step 6: Negotiation
The first offer is usually low. That is normal. We counter with the evidence, point to what the adjuster ignored, and go back and forth. Every offer comes to you. You decide whether to accept. We give you our honest read, but the decision is yours.
Our guide on how long a settlement takes covers what speeds this up and what slows it down.
Step 7: A lawsuit, if it takes one
If the insurer will not be fair, we file suit. Under Code of Civil Procedure 335.1, California generally gives you two years from the injury to sue. If a city, county, or state agency was involved, a written claim is usually due within six months, so we track that from day one.
Filing a lawsuit does not mean you are headed to trial. Most cases still settle, often after both sides exchange information and take depositions. If yours does go further, we prepare you for every step before it happens.
Step 8: Closing the case and getting paid
When the case settles, you sign a release. The insurer sends the check to our client trust account, which is a separate account the law requires for client money. Then we:
- Confirm the final amount of every medical lien and bill
- Negotiate those liens down where we can
- Pay the attorney fee and case costs as your written agreement says
- Pay the providers and lienholders
- Send you a written breakdown and your share
You see every number before any money moves.
How often you hear from us
You hear from us when something real happens: the letters go out, the car is resolved, the demand is sent, an offer comes in, a suit is filed. In between, you can call or text us any time with a question, a new bill, or a new symptom. If something changes in your life, like a new doctor or a new job, tell us. It can affect the claim.
If you were hurt and want to know what this path would look like for you, request a free case review. Our car accident lawyers work with people across California, from Los Angeles to the Central Valley. No fee unless we win.
This guide is general information, not legal advice. Deadlines and rules change; talk to a lawyer about your situation.