If you’ve been injured in an accident, you may have many questions like, how do car accident lawsuits work, or do you have to go to court for a car accident?
Unfortunately, car accident lawsuits can be complicated.
But, for most car accident lawsuits, if an acceptable settlement can be achieved directly with the insurance company, there is typically no reason a court must be involved.
But what happens when things get complicated?
In this post, we will cover the top 5 reasons you may need to go to court for a car accident claim, and how to increase your chances of settlement. Let’s begin.
Common Reasons Car Accident Claims Go to Court
1. Liability Issues Cannot be Resolved
Nobody wants to be assigned liability in a car accident.
So why does this matter?
The percentage of fault a driver is assigned directly correlates to the amount of liability an insurance company bears. Insurance companies know that the less fault their driver has, the less money they need to pay out.
In scenarios where there’s ambiguity about fault, or where both parties claim a significant share of the blame, extending the timeline of settlement negotiations.
If neither side can convince the other of their position, a court will have to intervene to determine liability.
2. Unacceptably Low Settlement Offers
One of the most common sticking points in negotiations is the disparity between the settlement amount offered for non-economic damages (like pain and suffering) and the amount being sought by the injured party.
What if you’re not getting what you deserve?
When a plaintiff feels that the settlement offer is unreasonably low, they may have no choice but to escalate the matter to court. It’s important to remember that settlement negotiations often involve back-and-forth discussions and a willingness to compromise.
However, when negotiations break down due to an unreasonable offer, litigation may become the only option.
3. Injuries Are Severe or Fatal
It is critical to go to the doctor after a car accident. Injuries that are severe or result in fatalities can complicate a claim significantly.
And here’s why:
Such cases often involve complex medical evaluations and substantial financial implications for both parties. The costs associated with severe injuries can skyrocket, making it essential for the injured party to seek a fair amount to cover not just immediate medical expenses, but also long-term rehabilitation and potential loss of income.
When insurance companies undervalue these claims, it often leads to court involvement as the plaintiff seeks appropriate compensation.
4. Insurance Company Mishandles Claim
Insurance companies are obligated by law to settle claims in good faith.
But what happens when they don’t?
Unfortunately, this is not always the case. When insurers engage in tactics that delay the resolution of valid claims—such as ignoring communications, offering lowball settlements, or using other stall tactics—they may be acting in bad faith.
In these situations, the injured party may need to pursue litigation to hold the insurance company accountable for their actions and recover the compensation they deserve.
5. Inadequate Insurance to Pay Claim
In Texas, for instance, the minimum liability insurance requirement is $30,000 per person for injuries.
But is that really enough?
While this may seem sufficient for minor injuries, serious accidents can lead to damages that far exceed this limit.
If a claim is worth more than the insurance coverage, the injured party may need to file a lawsuit against the at-fault driver directly to recover additional damages. This necessity to go to court highlights the importance of understanding insurance policies and the potential for gaps in coverage.
How to Increase Your Chances of Settling Your Car Accident Claim Out of Court
Settling a car accident claim without court involvement is usually preferable.
But how can you achieve that?
For many, the best chance of achieving a fair out-of-court settlement lies in hiring an experienced car accident attorney.
Why?
Litigation can be a lengthy and costly process, with outcomes that are inherently uncertain. A settlement can save time and money, allowing both parties to have more control over the final outcome. Successful settlement negotiations require a well-thought-out strategy rooted in preparation and knowledge.
Anticipating how the insurance company might defend against a claim is crucial. Gathering and presenting compelling evidence—such as accident reports, medical records, and witness statements—can strengthen your position.
And don’t overlook the emotional angle: understanding the psychological impacts of the accident can help in arguing for appropriate non-economic damages. A skilled attorney can navigate the complexities of the claims process, advocate on your behalf, and negotiate effectively with insurance companies. Their expertise not only increases the likelihood of a favorable settlement but also alleviates the stress of handling negotiations alone.
We’ll Settle if We Can, and Litigate if We Can’t
In conclusion, while many car accident claims can be resolved amicably, it’s essential to understand the underlying issuesthat may lead to litigation. With the right approach and legal support, you can navigate this challenging process and focus on recovery. Contact us today for a free case evaluation.
At J.D. Silva & Associates, our experienced car accident lawyers are dedicated to helping you obtain compensation after being injured in a car accident.And here’s our promise: Our goal is always to secure the best possible result for each client.
Since no two accidents are the same, we understand that different circumstances necessitate tailored legal strategies. Whether through negotiation or litigation we are committed to fighting for your rights and ensuring that you receive the compensation you deserve.