The vast majority of personal injury claims arising from car accidents settle at some point out of court. In fact, if every car accident case had to go to trial for a resolution, it would place an undue burden on local judges – and on the court system as a whole. Consequently, most injured parties and insurance companies work hard to try and reach an amicable resolution in a car accident claim.
How Often Do Car Accident Claims Go to Court
The settlement process begins when a car accident victim's attorney submits a claim with the at-fault driver's insurance company.
To evaluate this claim, the accident victim's attorney will typically submit copies of police reports, witness statements, medical records, medical bills, injury photographs, and property damage photographs. The insurance company adjuster will then review these documents and may make an offer to resolve the claim through settlement.
In many situations, first-time settlement offers are not reasonable offers, as they do not fully compensate accident victims for the full extent of their losses. Therefore, your attorney may need to negotiate with the insurance company several times before the adjuster increases their offer significantly. If that does not happen, your lawyer can initiate litigation and file a lawsuit to recover damages for you.
At every stage of the legal proceedings, your attorney can address all of your legal concerns and help you make intelligent and informed decisions about the process.