Why Do Most Car Accident Claims Settle Out Of Court?
Parties involved in a car accident claim typically engage in settlement negotiations to resolve the dispute without the need for a trial. Negotiating a settlement allows both parties to avoid the time, expense, and uncertainty associated with litigation.
Other reasons auto accident claims are often settled out of court include:
Cost and Time
Trials can be time-consuming and expensive, involving court fees, attorney fees, expert witness fees, and other costs.
Control Over Outcome
Settling a car accident claim gives both parties more control over the outcome compared to leaving the decision in the hands of a judge or jury at trial.
Risk Management
Trials carry risks for both parties. There is no guarantee of success, and the outcome may not always be favorable.
When is it Necessary to Go to Trial?
Going to trial for a car accident case may be necessary when both parties fail to agree upon a fair settlement.
Other reasons to pursue a trial include:
Disputed Liability
If both parties disagree regarding who was at fault for the auto accident, settlement negotiations may stall. Going to trial allows a judge or jury to determine liability based on the evidence presented.
Disputed Damages
Both parties may also disagree on the extent of damages resulting from the accident, including pain and suffering, past and future medical expenses, lost wages, and property damage.
Policy Limits
In cases where the at-fault party’s insurance policy limits are insufficient to cover the full extent of the damages, a car accident lawyer may determine that their client stands a better chance of recovering the compensation they deserve in court.
Bad Faith Tactics
If an insurance company engages in bad faith practices, such as delaying or denying a valid claim, a car accident attorney may pursue legal action on behalf of their client through a trial to hold the insurer accountable and seek fair compensation.
Should I Hire a Car Accident Lawyer to Handle My Auto Accident Claim?
If you were involved in an accident and suffered injuries, liability is disputed, or you believe the insurance company is using bad faith tactics, hiring a car accident lawyer to represent you can level the playing field. Your car accident attorney can investigate your accident, gather evidence that supports your claim, and negotiate with the insurance company for a fair settlement. If a settlement cannot be reached, they can represent you in court and help you recover the award you deserve, for an accident that was not your fault.
