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3Pain Point #3

What Happens Behind the Scenes in a Car Accident Claim?

You signed papers months ago and have no idea what your lawyer is actually doing.

The Honest Explanation

A significant amount of legal work happens that you never see. Your attorney or their staff is collecting medical records from every provider, obtaining the police report and any supplemental investigation materials, reviewing your insurance policies and the at-fault party's policies for coverage details, corresponding with the insurance adjuster, calculating your damages, and building the demand package. Much of this work is administrative and happens in the background. The problem is not usually that nothing is happening. The problem is that firms often fail to communicate what is happening, leaving you feeling abandoned when work is actually progressing.

What You Can Do Right Now

  • Ask for a written case status summary that describes what has been completed and what remains.
  • Request a checklist of items your legal team is currently waiting on (records, bills, reports).
  • Ask which phase your case is in and what triggers the move to the next phase.
  • Use a communication tracker to log every interaction so you can identify actual gaps versus perceived ones.

The Invisible Work of Records Collection

One of the most time-consuming parts of any car accident claim is collecting medical records and billing statements from every provider you have seen. This sounds simple, but in practice it involves sending HIPAA-authorized requests to each provider, following up when responses are slow (which is common), cross-referencing billing codes with treatment notes, and identifying any gaps in the documentation that need to be addressed. A single case might involve records from an ER, an orthopedic surgeon, a physical therapist, a chiropractor, and a primary care physician, each with their own records department and response timeline.

Your attorney is also obtaining the police crash report, which in Colorado can take weeks to finalize. They review your auto insurance policy and the at-fault driver's policy to understand coverage limits, identify any underinsured or uninsured motorist coverage, and check for medical payments coverage. If there were witnesses, your attorney may be collecting statements. If there is dash cam or surveillance footage, they are working to preserve it before it is overwritten. This investigative foundation is invisible to you but critical to your case value.

What Happens During Demand Preparation and Negotiation

Once your treatment is complete, your attorney compiles everything into a demand package. This is a detailed document that includes a narrative of the accident, a summary of your injuries and treatment, copies of all medical records and bills, documentation of lost wages and other economic damages, and an argument for non-economic damages like pain and suffering. A thorough demand package can take 2 to 4 weeks to prepare and may run 20 to 50 pages with attachments.

After the demand is sent, the insurance adjuster reviews it, often requests additional information, and eventually responds with a valuation and initial offer. Your attorney then engages in negotiation, which typically involves several rounds of counteroffers, phone calls, and sometimes mediation. Each round can take days to weeks as the adjuster seeks internal authority for higher amounts. Your attorney is making strategic decisions throughout this process about when to push harder, when to compromise, and when to threaten litigation. Most of this happens through phone calls and letters that you never see.

How to Stay Informed Without Micromanaging

The goal is to find a balance between being an engaged client and recognizing that constant check-ins can actually slow things down. A practical approach is to agree on a communication cadence with your attorney at the start of the case. Monthly email updates work well for most people. These updates should cover what has been completed since the last update, what is currently pending, and what the next milestone is. This gives you visibility without requiring your attorney to interrupt substantive work for frequent status calls.

If your firm uses a client portal or case management system with client access, take advantage of it. Some firms provide online dashboards where you can see which records have been received, what stage your case is in, and upcoming deadlines. If your firm does not offer this, the communication tracker tool can help you maintain your own log of interactions and milestones.

Interactive Tool
Communication Tracker

Frequently Asked Questions

Is my lawyer actually working on my case if I do not hear from them?
In most cases, yes. The administrative and investigative work on your case continues even during periods of silence. The most common reason for no contact is that your team is waiting on third parties (medical providers, insurance companies, courts) to respond. However, you should always feel comfortable sending a brief written inquiry if you have not heard anything in more than 4 to 6 weeks.
Can I see the demand letter before it is sent?
You can and should ask to review the demand package before it is submitted. Most attorneys are willing to walk you through the key elements and confirm that the facts and treatment summary are accurate. This is also a good time to flag any damages or impacts that may have been missed.
How do I know if my records collection is complete?
Ask your legal team for a provider list showing which records have been received and which are still outstanding. If certain providers are consistently slow, you may be able to help by contacting them directly or picking up records in person. Complete records are essential for an accurate demand, so this is an area where your involvement can genuinely help move things along.

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