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10Pain Point #10

Where Is My Car Accident Settlement Check? Payout Timeline

Your case settled. You expected a check within days. It's been weeks. Where is your money?

The Honest Explanation

After a settlement is reached, most people expect a check within a few days. The reality is that the payout process takes 2 to 6 weeks and sometimes longer. Here is what is happening during that time: the insurance company issues the settlement check to your attorney's trust account (this alone can take 7 to 14 business days), your attorney must then resolve all outstanding medical liens (amounts owed to health insurers, Medicare, Medicaid, or medical providers who treated you on a letter of protection), a final disbursement sheet is prepared showing gross settlement minus fees, costs, and lien payments, and only after all of this is calculated does the net check get cut to you. Lien resolution is the most common source of delay because it often requires negotiation with multiple parties.

What You Can Do Right Now

  • Ask your attorney for a projected payout timeline and the specific steps that need to happen before you receive your check.
  • Provide any health insurance information promptly so lien amounts can be calculated without delay.
  • Ask for a preliminary disbursement sheet so you have an estimate of your net payout while liens are being resolved.
  • Understand that lien negotiation can save you thousands of dollars and is worth the wait.

What Happens After "We Settled"

When your attorney tells you the case has settled, the legal negotiation is complete, but the financial process is just beginning. The insurance company prepares a release document for you to sign, which formally closes your claim. After you sign the release, the insurance company processes the payment, which typically takes 7 to 21 business days depending on the insurer. The check is sent to your attorney's trust account, not directly to you, because there are usually multiple parties who need to be paid from the proceeds.

Once the check arrives and clears, your attorney deposits it into a trust account, which is a special bank account required by bar rules to hold client funds. The attorney cannot simply write you a check immediately because they first need to calculate and pay all obligations from the settlement: their contingency fee, case costs, and any medical liens or health insurance reimbursement claims. Disbursing funds before these calculations are complete could create legal and ethical problems for the attorney.

Why Lien Resolution Takes Time and Why It Matters

Medical liens are a common source of post-settlement delay. If your health insurance paid for accident-related treatment, they may have contractual or statutory reimbursement rights. If Medicare or Medicaid covered treatment, federal reimbursement rules can apply. If medical providers treated you on a letter of protection (agreeing to wait for payment until settlement), those balances typically must be addressed before final disbursement. Each party must provide final payoff amounts, which can take days to weeks.

Here is why the wait can be worth it: lien and reimbursement balances are sometimes negotiable, and errors in lien calculations can be challenged. Reductions are not guaranteed and depend on plan terms, governing law, and facts of the file. Every valid reduction generally increases your net recovery.

The Disbursement Sheet Explained

Before you receive your check, your attorney should provide a written disbursement sheet. This document shows the gross settlement amount, then subtracts the attorney fee, case costs, and each lien payment individually, arriving at your net payout. Review this document carefully. Make sure every line item matches what you were told during the case. Ask questions about any charges you do not recognize or amounts that seem higher than expected.

If you disagree with any item on the disbursement sheet, raise it before signing. Once you approve the disbursement and accept the check, it becomes much harder to challenge individual line items. Common issues to watch for include: case costs that are higher than originally estimated, lien amounts that were not previously disclosed, or fee calculations that do not match the retainer agreement. A transparent attorney will welcome your questions and explain every number.

Interactive Tool
Settlement Breakdown

Frequently Asked Questions

Can I get an advance on my settlement while liens are being resolved?
Some attorneys will provide a partial disbursement of the undisputed portion of your settlement while lien negotiations continue. This is not universal, and it depends on your attorney's practice and the specific lien situation. Ask about this option if the delay is causing financial hardship.
How long does the insurance company have to send the check after I sign the release?
Colorado does not have a single universal payment deadline that applies to every settlement check scenario. Many insurers process payment within a few weeks after receiving a signed release, but delays happen. If timing is unclear, ask your attorney to document follow-up with the carrier.
Why does my attorney hold the settlement in a trust account?
Bar rules in Colorado require attorneys to deposit client funds into an Interest on Lawyers Trust Account (IOLTA). This protects your money from being commingled with the attorney's operating funds. It is a consumer protection measure, and any attorney who deposits settlement funds into a personal or business account is committing a serious ethical violation.

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