Do You Have to Go to Court for a Car Accident?

If you or someone you love is involved in a car accident, it can be quite traumatic, both physically and emotionally. And if you’re facing the prospect of going to court, it can add even more stress to an already difficult situation. 

But do you have to go to court for a car accident? The answer is not a simple yes or no, as it depends on various factors. Whether you’re a crash victim or a defendant, understanding the legal process can help ease your worries and prepare you for what may come. 

Contact John Foy to speak with an Atlanta car accident lawyer now for more information regarding legal representation.

Car Accidents Are Common, But the Cases Rarely Go to Court

There were an estimated 5.25 million police-reported crashes in the United States in 2020, according to the National Highway Transportation Safety Administration (NHTSA). With that many car accidents occurring, you would assume that there would be millions of court cases involving them flooding in annually. The truth is the exact opposite.

Car accident settlements fall under the umbrella of personal injury settlements. Statistics on settlements reveal that roughly 5% of all claims that get filed are settled in court. Therefore, the vast majority of personal injury claims will be resolved outside of court. This means that the likelihood of you going to court for your car accident claim is extremely low.

What Causes a Car Accident to Go to Court?

Car accidents can go to court for a variety of reasons. While not every accident ends up in court, certain factors can increase the likelihood of a case going to trial.

There is a Dispute Over Liability

One of the main reasons a car accident may go to court is when there is a dispute over liability. If both parties involved in the accident cannot agree on who the at-fault driver is, a judge or jury will have to make that determination in court. This often occurs when each party believes the other was responsible for causing the accident.

The Insurance Company Refuses to Offer a Fair Settlement or Denies the Claim

Another factor that can lead to an auto accident going to court is if the insurance company refuses to offer a fair settlement or denies the claim altogether. Insurance companies are businesses, and their primary goal is to minimize payouts. 

If they believe they can avoid paying or offer a lowball settlement, they may choose to do so. In these cases, going to court may be the only way to seek the fair compensation you deserve.

There Are Serious Injuries or Fatalities

Additionally, accidents that result in serious accident injuries or fatalities often require court involvement. These cases tend to have higher stakes and can involve complex legal and medical issues. Going to court ensures that all relevant evidence is considered and justice is served for those who have suffered serious injuries or harm.

It’s important to note that every car accident case is unique, and the decision to go to court depends on the specific circumstances. Consulting with our accident attorneys is crucial in understanding whether going to court is necessary or if other options, such as insurance negotiations, are more appropriate.

What Happens If a Car Accident Case Goes to Court?

When a car accident case goes to court, it means that both parties involved were unable to reach a settlement agreement outside of the courtroom. 

Going to court can be an intimidating process, but understanding what to expect can help alleviate some of the anxiety when it comes to taking legal action.

Going to Court

In court, both sides will have the opportunity to present their case. This includes providing evidence, calling expert witnesses, and cross-examining the opposing party. The judge or jury will carefully evaluate the evidence and arguments presented and ultimately make a decision regarding the fault party and the amount of compensation to be awarded. 

During the trial, it is crucial to have a personal injury attorney representing you. They will know how to present your case effectively, cross-examine expert witnesses, and argue on your behalf. They will also ensure that all necessary documents and evidence are submitted correctly and on time.

Reaching a Verdict

After both sides have presented their case, the judge or jury will deliberate and reach a verdict. If you are successful in court, you may be awarded compensation for your medical expenses, property damage, lost wages, and pain and suffering. 

While going to court can be a lengthier and more adversarial process than settling out of court, it may be necessary in certain circumstances. Consulting with a car crash lawyer will help you determine the best course of action for your particular case and ensure that your rights are protected throughout the legal process.

How to Avoid Going to Court for a Car Accident

You can improve your chances of settling before the need to go to court by:

• Reporting the accident to the police (this is required by law if there are injuries or more than $500 in property damage)
• Taking pictures of the accident scene, your injuries, and your vehicle damages soon after the collision
• Seeing a doctor as soon as possible for your injuries and retaining medical records
• Keeping track of non-economic damages as well as economic damages, including medical bills, vehicle repairs, and more
• Consulting with an experienced car accident lawyer as soon as you can
• Not apologizing, admitting blame, or giving the other driver’s insurance company any statements until you’ve spoken to a lawyer

The stronger case you can build, the better chance you have of getting a fair settlement from the insurance company.

Having an experienced lawyer also helps because it shows the insurer you have a professional on your side and are serious about fighting for your legal rights.

Don’t Wait to File a Claim

You shouldn’t hesitate to file your claim as soon as you can. Although we advise against filing too quickly, don’t sit on your claim until the last minute.

The statute of limitations is only two years in Georgia, and the longer you wait, the harder it becomes to settle your insurance claim fast. You don’t want to fight a long legal battle, so take the initiative and talk to one of our lawyers today.

Get a Free, No-Obligation Case Consultation with Our Car Accident Lawyers

Whether your car accident lawsuit can be resolved through a settlement or ends up going to trial, our car accident lawyers at John Foy & Associates are not afraid to handle your case every step of the way. We’re here to hold the responsible party accountable and to help you gain financial compensation for your damages or injuries.

Our personal injury lawyers have been helping clients for over 20 years, and working with us is risk-free because you don’t pay unless we win you money. To schedule a cost-free, no-commitment consultation for your personal injury lawsuit, call us today or contact us online now.