Most car accident claims are settled outside of court. Insurance companies, drivers, and their attorneys often prefer to reach an agreement without legal proceedings. This approach saves time, money, and stress for everyone involved.
However, not all cases can be resolved this way. Some claims require court intervention to settle disputes fully and fairly. Understanding when and why claims go to court helps clarify the process for those involved in car accidents.
How often do car accident claims go to court? Before you can answer that question accurately, there are a few things to consider.
Settlements Are More Common Than Court Cases
Most car accident cases do not go to trial. Insurance companies aim to resolve claims quickly. When both parties agree on who was at fault, and the settlement amount, court involvement becomes unnecessary. This happens in many cases, making court proceedings relatively rare.
Settlements are almost always the outcome of minor accidents, such as fender benders. Both drivers typically provide their insurance companies with statements and any supporting evidence, like photos or repair estimates.
Adjusters assess the damage and calculate a fair settlement amount. Once both sides agree, the case is closed without stepping into a courtroom.
Even more severe accidents often resolve this way. Strong evidence, like police reports or eyewitness testimony, makes it easier for both parties to agree on fault and damages. Insurance companies prefer to avoid the expense and unpredictability of a trial when possible.
Why Do Some Cases Go to Court?
Although court cases are uncommon, there are situations where going to court becomes necessary. Disputes about fault or settlement amounts are the most common reasons claims proceed to trial. Below are the primary factors that might lead to courtroom litigation.
Disputes Over Fault
When drivers give different accounts of what happened, insurance companies may refuse to accept responsibility for the accident. One side might argue that their driver acted correctly, while the other insists otherwise.
For instance, one driver might claim they had the green light while the other argues they had the right of way. If no clear evidence supports either claim, going to court might be the only way to decide liability.
Sometimes, several drivers may share blame for the same accident, making fault even harder to determine. Multi-car collisions often involve complicated scenarios like chain reactions or poorly marked intersections. Disputes over shared responsibility can delay settlement negotiations and eventually send the case to court.
Disagreements About Settlement Amounts
Even when both parties agree on who caused the accident, they may not agree on how much compensation is fair. Injuries and property damage can lead to costly medical bills, lost wages, and repair expenses. Disagreements about the value of these expenses frequently occur.
For instance, a car accident victim may seek compensation for long-term medical care, while the insurance company argues the injuries are not severe enough to warrant those costs. When neither side can compromise, they are left with no choice but to present the case to a judge or jury.
Severe Injuries and High Stakes
Claims involving catastrophic injuries often have more at stake. Severe accidents can lead to life-altering conditions like paralysis, traumatic brain injuries, or permanent disability. The compensation necessary to address these injuries is often significant, making it harder for both sides to agree.
Insurance companies may challenge the extent of the injuries or claim they are unrelated to the crash. For victims, pursuing full compensation to cover future healthcare needs and other damages is important. When settlements fall short of what is fair, taking the case to court might be the best option.
Bad Faith Practices From Insurance Companies
Insurance companies sometimes act in bad faith by denying legitimate claims or delaying payout without valid reasons. This happens when adjusters try to minimize liability to save their company money. Victims might file a lawsuit and take their claim to court if negotiations stall and bad faith practices are suspected.
Cases Without Insurance Coverage
Not all drivers carry insurance, even though it is required by law in most states. If you are hit by an uninsured driver, settling outside court becomes more complicated. Without an insurance company to negotiate, recovering compensation may require filing a lawsuit against the driver.
Similarly, some drivers carry insurance, but their policy limits may not be enough to cover your damages. If your losses exceed the coverage available, you might need to seek additional compensation in court.
What Happens When a Case Goes to Court?
Court cases follow a structured process designed to resolve disputes fairly. Understanding how this process works can lessen the uncertainty for those involved in car accident lawsuits.
Filing the lawsuit
The process begins with filing a formal complaint in civil court. This document outlines the details of the accident, the damages suffered, and why the plaintiff (the person filing the case) believes the defendant is responsible.
Once the complaint is filed, both parties enter the discovery phase. This stage involves exchanging evidence and gathering information relevant to the case. Both sides might request photographs, medical records, repair invoices, or written statements.
Depositions and pretrial motions
Depositions allow both parties to question witnesses and other involved individuals under oath. For example, the plaintiff’s attorney may ask the defendant about their driving behavior before the crash. Witnesses, like passengers or bystanders, can also be deposed to provide additional context.
Pretrial motions can resolve certain aspects of the case before it goes to trial. Either party may request the court to dismiss specific claims or rule on disputes about evidence.
Mediation and settlement offers
Even when a lawsuit is filed, settlements can still happen. The court might require both parties to attempt mediation, a process where a neutral third party helps them reach an agreement. This can save everyone time and money while avoiding the uncertainty of a trial.
Trial
If no settlement is reached, the case moves to trial. Both sides present their arguments, call witnesses, and submit evidence to the court. The plaintiff’s job is to prove that the defendant was negligent and caused the damages claimed. The defendant presents their side, arguing against fault or challenging the amount of damages.
Depending on the situation, trial outcomes may be decided by either a judge or a jury. A verdict is then issued, resolving the case. If the plaintiff wins, the court orders the defendant to pay compensation.
Appeals
After the trial, either party may appeal the decision. Appeals focus on whether errors were made during the trial, not on re-evaluating the case facts. An appellate court may uphold, reverse, or modify the original ruling.
Preparing for a Potential Court Case
Individuals involved in car accidents should prepare for the possibility of a court case, even if most claims are settled. Keeping detailed records about the accident and its aftermath helps build a strong case.
This includes police reports, crash scene photos, medical records, and documented expenses like repair costs or lost wages.
Consulting a car accident attorney early in the claims process can also provide guidance. While most cases won’t go to court, having legal representation ensures you are prepared if yours does.
The odds
Only a small percentage of car accident claims require a trial. Studies suggest that fewer than 5% of personal injury claims go to court. Many claims are resolved through negotiation or mediation before reaching this stage. Of those cases that go to court, some are settled during the trial process.
Knowing these odds can reassure anyone concerned about facing a lengthy trial. However, for cases where going to court becomes necessary, understanding the reasons and procedures involved helps individuals feel more confident about the outcomes.
Unusual Factors That Can Lead to a Case Going to Court
Most car accident claims don’t reach a courtroom, but certain unusual factors can push a claim into litigation. These situations aren’t always what drivers or insurance companies expect. They often involve complex or surprising elements that make achieving a settlement difficult. Understanding these factors can help clarify why some cases require a legal verdict.
Out-of-state drivers and conflicting laws
Conflicting laws can complicate claims when an accident involves drivers from different states. Each state has its traffic regulations, insurance requirements, and liability rules. These differences often lead to disagreements over which laws apply. Resolving these conflicts can be so challenging that a courtroom becomes necessary.
Accidents on private property
Most people think of car accidents as road-related events, but accidents on private property can bring unique challenges. Parking lot collisions, for example, often lack clear markers for fault. If an accident occurs on a private road or a business’s property, questions about maintenance responsibilities or special traffic instructions may arise. Courts may need to address these issues when settlements aren’t reached.
Unique road designs
Strange or unique road configurations can introduce uncertainty into accident claims. Intersections with confusing layouts, unconventional roundabouts, or poorly marked lanes create conditions where fault isn’t clear.
Drivers might blame the road design or argue that it prevented safe responses to hazards. These cases often require expert testimony on road engineering, leading to courtroom debates that decide liability.
Disputes over fraudulent claims
Accusations of fraud may escalate a case to court. For example, if one driver claims injuries or damages that the other side suspects are exaggerated or fabricated, the case can become contentious.
Insurance companies may investigate aggressively, and disagreements over evidence can stall negotiations. When neither party agrees on what’s legitimate, a court must step in to resolve the dispute.
Accidents Involving Pedestrians or Cyclists
Claims involving pedestrians or cyclists tend to be more contentious than driver-only incidents. These cases often include severe injuries or disputes about right of way.
Pedestrians and cyclists might claim the driver acted carelessly, while the driver may argue that the non-driver was behaving unpredictably or ignoring traffic rules. The unique dynamics of these accidents mean they are harder to settle out of court.
Unusual vehicles or equipment
Accidents involving unconventional vehicles, such as farm equipment, construction machinery, or golf carts, introduce complications that don’t arise in standard car crashes.
Insurance coverage for these vehicles varies widely, and much of the legal process focuses on how widely accepted traffic rules apply in these situations. Liability disputes can arise, especially if the vehicle’s operator lacks proper licensing or training.
Allegations of intentional acts
Most car accidents occur due to negligence, but some involve accusations of intentional acts. For example, one driver might allege that the other caused the crash as an act of road rage.
Cases with claims of intentional harm are more likely to proceed to court because they introduce criminal elements alongside civil liability. Insurance companies typically won’t cover intentional acts, which makes settlements even harder to reach.
Questionable traffic signage or signals
When accidents occur in areas with unclear or malfunctioning traffic signs or signals, culpability can become a major issue. Drivers may argue they acted reasonably based on signage or the lack of it. Courts are often tasked with determining liability in these uncommon yet challenging scenarios.
Wildlife-related accidents
Animal-related collisions, particularly those involving larger wildlife like deer or livestock, can raise difficult questions. If the accident occurred in an area where fencing or wildlife crossings were supposed to mitigate risks, legal debates may center on whether the responsible parties (such as property owners or local authorities) failed to maintain safety.
These unusual factors show how car accident claims can take unexpected turns, leading to courtroom proceedings. When unique circumstances or contentious disputes make settlement impossible, a trial can become necessary to resolve these cases fully.
Car accidents often lead to stressful experiences, but most claims can be resolved without court involvement. Clear evidence and compromise usually make settlement possible. When disputes arise, the legal process ensures that fair solutions are reached, even in complicated situations.
Help is Available from Steffens Law Office
If you are unsure whether your car accident claim may lead to court, we are here to help. Contact our team at (402) 414-4896 for guidance on pursuing fair compensation and understanding your options.