Car accidents are more common in Fresno than many people realize. Over a five-year period, Highway 180 alone saw more than 50 fatal crashes.
If you’ve been in a crash, you’re not alone. Between 2019 and 2023, Fresno averaged around 60 traffic-related deaths annually, proving just how dangerous the roads can be. That’s why knowing what to do after a Fresno car accident is critical, especially when negotiating a settlement with insurance companies.
Many drivers don’t understand the claims process or how to fight for fair compensation. Settlement negotiations can be stressful, but learning how they work puts you in a stronger position.
Below, we break down each step of the negotiation process and explain how to prepare for the best possible outcome.
After a car accident, the settlement process typically begins once you’ve filed a claim with the at-fault driver’s insurance company. The goal is to recover compensation for your losses—things like medical bills, car repairs, lost wages, and pain and suffering. While it may sound simple, the negotiation process involves several important steps.
Before negotiations begin, the insurer will conduct its own investigation to determine fault and evaluate the claim. Meanwhile, you or your attorney should also be collecting critical evidence. This includes the police report, witness statements, photos from the scene, medical records, and proof of income loss.
In California, liability is based on comparative fault (California Civil Code Section 1431.2). That means more than one party can be held responsible, and your compensation can be reduced if you’re found partially at fault. For instance, if you’re found 20% at fault, your total compensation would be reduced by that percentage.
Once the evidence is compiled, your next move is to determine the total value of your damages. This includes:
Your medical treatment and recovery timeline will play a big role in this. It’s usually best to wait until you reach maximum medical improvement (MMI) before negotiating, as this gives a clearer picture of your long-term medical costs.
A formal demand letter is sent to the insurance company, outlining your damages, evidence, and the compensation you’re requesting. This letter sets the stage for negotiations and shows the insurer that your claim is serious.
A well-written demand letter includes:
Once the insurer reviews your demand letter, they’ll usually respond with a lower offer. This is where back-and-forth negotiation starts. Insurance adjusters are trained to settle claims for as little as possible, so don’t be surprised if their initial offer doesn’t come close to what you asked for.
At this stage, it’s helpful to:
If you have an attorney, they’ll handle this entire process on your behalf and push for a fair outcome.
Most car accident claims are settled without going to court. However, if the insurer refuses to offer a fair amount, you may need to file a personal injury lawsuit. In California, the statute of limitations for most car accident claims is two years from the date of the crash (California Code of Civil Procedure § 335.1).
Filing a lawsuit doesn’t always mean the case will go to trial. In fact, many cases still settle during the pre-trial phase once the insurer sees you're willing to escalate the matter.
While it’s possible to handle a minor car accident claim on your own, having a personal injury attorney can make a significant difference, especially in more complex cases. If you’ve suffered serious injuries, are facing long-term medical care, or are being blamed for the accident, it’s a good idea to get legal help early in the process.
Attorneys bring experience in valuing claims, negotiating with insurers, and spotting unfair tactics. They also understand California laws and how local courts operate, which is crucial if your case doesn’t settle and heads to trial.
A lawyer can also help ensure that no deadlines are missed. As mentioned earlier, you typically have two years from the date of the accident to file a lawsuit in California. Missing that window could result in losing your right to recover compensation.
