Most car accident claims in California settle before going to court, but not all do. Your claim may end up going to court if you, and the insurance company cannot agree to a fair settlement on your claim, or if there is a dispute on who was at fault. No two car accidents are the same, so only an attorney can tell you if it will be necessary to try your case or not. Since most car accident lawyers take cases on a contingency fee basis, you fortunately will not have to risk any money out-of-pocket if your claim does proceed to trial.