Know what happens next.
An accident claim usually begins with questions: Who may be responsible? What evidence is available? Which insurance applies? What will this cost, and will I have to go to court?
This guide explains the main stages for California car, truck, and motorcycle injury claims: consultation, investigation, negotiation, litigation when needed, and resolution. Some claims settle without a lawsuit. Others require court proceedings, and settlement discussions can continue while a lawsuit is underway.
- 01
Consultation
Review the crash, deadlines, fees, and next steps.
- 02
Investigation
Gather evidence, review coverage, and document injuries and losses.
- 03
Negotiation
Evaluate offers and the terms of a possible settlement.
- 04
Litigation, if needed
File a lawsuit, exchange evidence, and prepare for trial if needed.
- 05
Resolution
Address payment, expenses, reimbursement claims, and distribution.
You can ask for help before your file is complete. Call MMG Law Firm at (818) 539-7969 or request a free case evaluation. Tell us about any upcoming date, government notice, or court paper. An inquiry alone does not establish representation or pause a deadline.
The claim process at a glance
| STAGE | WHAT THE WORK INVOLVES | YOUR PART |
|---|---|---|
| 1. Consultation | Review the crash, possible claims, deadlines, and representation terms | Explain what happened, bring available records, and ask about fees |
| 2. Investigation | Identify responsible parties, coverage, evidence, injuries, and losses | Preserve originals and provide accurate updates and documents |
| 3. Negotiation | Present the claim, evaluate responses, and discuss settlement terms | Consider advice and decide whether to accept a proposed settlement |
| 4. Litigation, if needed | File and serve a lawsuit, exchange evidence, address motions, and prepare for trial | Participate in discovery and preparation as required |
| 5. Resolution | Address settlement or judgment, payment, expenses, reimbursement claims, and distribution | Review the documents and understand the amount payable to you |
These stages can overlap. A filing deadline may require a lawsuit before treatment or negotiations are complete. Not every claim reaches every stage, and a claim may end without a recovery. The California Courts civil-case overview explains the court process and why some cases resolve before trial.
1. Consultation: understand your options
An initial evaluation focuses on the collision, injuries, available records, possible defendants, and time limits. It also helps determine whether the firm can take the matter. A consultation is not a promise of representation, compensation, or a particular outcome.
Bring what you have: the accident date and location, photographs, report number, insurance information, medical-provider names, and letters or offers you received. Say whether a public vehicle, commercial truck, work activity, child, or fatal injury is involved. Missing documents can be identified during the discussion.
Before hiring a lawyer, understand the scope of the work and who will handle it. Ask how to send records, how updates will be communicated, and which decisions need your approval.
Review fees and expenses before proceeding
MMG's contingency rates vary by case stage. The written agreement explains the applicable percentage, when it changes, and how fees and expenses affect the recovery. MMG advances case expenses without an upfront payment. If there is no recovery, you owe MMG no attorney fees or case expenses. Medical bills, liens, and other third-party obligations are separate.
Ask whether the percentage is calculated before or after costs and which services are included. The State Bar's fee-agreement guidance explains why these details matter. Its discussion of expenses describes general arrangements; MMG's confirmed no-recovery expense policy is stated above.
2. Investigation: build the factual record
An investigation addresses responsibility, the connection between the crash and the injuries, the losses claimed, and possible sources of payment. Depending on the case, work may include obtaining reports, interviewing witnesses, reviewing photographs and video, identifying insurance, and consulting appropriate experts.
Evidence needs differ. A truck collision may call for driver, vehicle, maintenance, or business records. A motorcycle claim may involve road conditions, visibility, damaged protective equipment, and witness accounts. A report or insurance decision is one part of the evidence; neither automatically resolves every legal issue.
Preserve records and document the effect on your life
Keep original photographs, video, messages, letters, receipts, and damaged items when practical. Tell your lawyer about nearby cameras or evidence at risk of being overwritten. Discuss preservation needs before authorizing disposal or repairs, while also addressing storage charges and practical necessities.
Provide accurate medical and employment information, including relevant prior injuries. Keep bills, treatment instructions, work restrictions, pay records, and a factual record of how the injury affects daily activities. Medical decisions belong with qualified healthcare professionals; a claim should not dictate unnecessary care.
Future care or lasting limitations may need further evaluation. That does not mean every task must wait until treatment ends. Evidence preservation and legal deadlines can require immediate attention. See the California Courts personal-injury guide for the role of evidence in an injury case.
Understand which insurer is involved
Your insurer and another party's insurer may have different roles. Policy duties, available coverage, limits, exclusions, and reimbursement rights need review. A claim involving uninsured or underinsured motorist coverage can have additional requirements.
Your own policy may require cooperation, documents, or a statement. Before a recorded interview, broad authorization, or release, understand the request and discuss its scope with your lawyer. Do not ignore insurer communications. The California Department of Insurance accident guide explains claim investigation and policy responsibilities.
3. Negotiation: evaluate offers and tradeoffs
A settlement demand typically explains the basis of the claim, the supporting evidence, and the compensation requested. The insurer or other party may seek additional information, dispute responsibility or damages, deny coverage, or make an offer. Sending a demand does not guarantee payment or stop a filing deadline.
An offer should be considered alongside the evidence, disputed issues, available coverage, expected further costs, and the risks and time involved in continuing. Ask for an explanation of what remains uncertain and how the proposed terms affect you.
You decide whether to settle
Your lawyer advises you, but the decision whether to settle belongs to you or the person legally authorized to act for the claimant, subject to any required court approval. California's professional rules require lawyers to honor the client's settlement decision and communicate written settlement offers. See State Bar Rules 1.2 and 1.4.1.
Before accepting, ask what claims and parties the release covers, whether other coverage or claims could be affected, and what the estimated net payment would be. A release may give up rights even if additional problems appear later. Read and understand the terms before agreeing.
Mediation can help the parties reach agreement
In mediation, a neutral mediator helps the parties discuss a resolution. The mediator does not decide who wins or impose a settlement. Arbitration is different: an arbitrator can make a decision, and the consequences depend on the applicable agreement and rules. See California Courts' dispute-resolution guide.
4. Litigation: what happens if a lawsuit is needed
A lawsuit may be appropriate when the dispute cannot be resolved on acceptable terms or a filing deadline requires action. Starting litigation does not guarantee a trial or a recovery. It creates a court case with formal procedures, deadlines, and obligations.
Filing and service
The complaint identifies the defendants, allegations, and requested relief. Required papers must be filed and properly served. The defendants can respond, and the court manages the case. Government claims may require a separate administrative step before suit. The California Courts filing overview explains these stages.
Discovery and case preparation
Discovery is the formal exchange of information and evidence. It can include written questions, document requests, sworn testimony at a deposition, and subpoenas for records. An examination may be requested under applicable rules. You may need to help locate records, review responses for accuracy, and attend a deposition. Your lawyer can explain the procedure and prepare you to answer truthfully. See California Courts' discovery guide.
Motions can resolve legal issues or affect what evidence will be considered. Settlement conferences and negotiations may continue. If the case proceeds to trial, preparation includes witnesses, exhibits, expert issues, and the legal rules governing the evidence. See the California Courts trial-preparation guide.
Trial and what may follow
If the case is not resolved earlier, a judge or jury decides the issues submitted for trial. The outcome may include no recovery. After judgment, post-trial motions, an appeal, or collection issues can affect what happens next. A judgment is not the same as cash received; the court does not collect the money for you. See California Courts' judgment-collection guidance.
5. Resolution: understand the payment and accounting
When a settlement is reached, its terms must be documented and the required closing steps completed. Depending on the matter, these can include releases, court approval, dismissal papers, payment processing, and addressing claims against the recovery. Settlements involving minors can require court approval; California Courts provides minor-compromise forms and guidance.
The settlement amount and your net recovery differ
Ask for an itemized explanation showing the gross recovery, the agreed attorney fee, case expenses, applicable medical or reimbursement payments, any amount held for an unresolved issue, and the amount payable to you. Do not compare offers using only the headline number.
Health coverage does not necessarily eliminate reimbursement obligations. For example, Medi-Cal's Personal Injury Program may seek reimbursement for related services, and Medicare explains its conditional-payment recovery process. Whether a claim is valid, how much is due, and whether a reduction is available require review; reductions are not guaranteed.
Payment timing depends on the actual terms and outstanding steps. Any holdback should be explained. An unresolved issue does not justify holding every dollar indefinitely: State Bar Rule 1.15 addresses written accounting and prompt distribution of undisputed funds that the client or another person is entitled to receive.
How long does an accident claim take?
There is no dependable single timeline for every case. The next milestone is often more useful than a promised finish date.
| WHAT AFFECTS TIMING | A USEFUL QUESTION TO ASK |
|---|---|
| Medical information and future needs | What information is still needed to evaluate the injury? |
| Missing records or disputed facts | Which records are outstanding, and what can I help provide? |
| Multiple parties or coverage questions | Who may be responsible, and which coverage issues remain? |
| Negotiation or mediation | Has an offer been made, and what decision is needed? |
| Court scheduling and discovery | What is the next court event or response deadline? |
| Payment, liens, or required approval | What is preventing distribution, and what happens next? |
Negotiation and medical treatment do not automatically extend filing deadlines. Many private-party injury lawsuits generally have a two-year limit. Covered California government injury claims generally require presentation within six months, with separate later lawsuit deadlines and exceptions. Check your facts promptly using the California Courts deadline guide and government-claim guide.
Questions to bring to your consultation
- What facts, evidence, or deadlines need attention first?
- What work would MMG handle, and who will be my contact?
- What fee applies at each case stage, and how are expenses deducted?
- What documents should I preserve or send, and how should I send them?
- What decisions will I need to make, and what is the next milestone?
- If an offer arrives, how will we evaluate the release and estimated net recovery?
Open the printable consultation worksheet. It gives you space for questions and notes without requesting sensitive information through this page.
Common questions about the process
Does making a claim mean I am suing someone?
No. An insurance claim requests benefits or payment through an insurer. A lawsuit is a court proceeding. A settlement can resolve a claim before or after a lawsuit is filed.
Do I have to accept the first offer?
You can evaluate the proposal with legal advice before deciding. Consider its terms, any response deadline, the available evidence, and the risks of continuing. Neither rejecting nor accepting an offer guarantees a better outcome.
Will hiring a lawyer mean I have nothing else to do?
Your participation still matters. Provide accurate information, preserve records, keep contact details current, and respond to requests. If litigation requires testimony or other participation, discuss preparation and practical needs with your lawyer.
Can I contact MMG without the police report or all my bills?
Yes. Start with the details and records available. Make any known deadline or notice clear. Do not assume a submitted form means the firm has accepted the case or filed anything for you.
Talk with MMG about your next step
MMG Law Firm assists with California car accident, truck accident, and motorcycle accident matters. Learn about attorney Mihran M. Ghazaryan, California Bar No. 311455.
Contact hours are Monday–Friday, 9am–6pm Pacific. Phone and video consultations are available; office visits are by appointment at 100 W Broadway, Suite 540, Glendale, CA 91210. English, Armenian, and Russian.
General California legal information. The facts, applicable law, insurance, and representation agreement determine the work in an individual matter. Research checked October 8, 2026. See MMG's website legal disclosures and privacy policy.
Your decisions matter.
Understand settlement terms, fees, expenses, and your estimated net recovery before deciding.
Prepare for your consultation
Bring what you have.
Questions to ask
- What is the next milestone?
- What could affect my net recovery?
The worksheet gives you space for questions and notes without requesting sensitive information through this page.