How often do car accident cases go to court?

Every day, car accidents occur, some causing minimal damage and others resulting in catastrophic consequences. Legal actions typically follow when the mishaps involve emotional trauma, vehicle damage, or injuries. However, the question “How often do car accident cases actually proceed to court?” remains one of the most commonly asked following an accident.

The severity of the accident, clarity of fault, and willingness of the parties to settle will determine whether or not an automobile accident case ends up in court. This blog will break down the car accident claims process, how often they go to court, and why many are settled without litigation. By the end, you’ll have a clearer understanding of the legal process involved in car accidents.

Table of Contents

The Car Accident Claim Process

Before delving into statistics or patterns, it’s important to first understand the usual process for a car accident claim. Generally, the steps involved are as follows:

Call the Authorities: After an accident, the first step is usually to call the police to document the incident. The police report generated will be used for insurance claims and potentially for court cases.
File Insurance Claims: Once the collision is documented, the drivers involved will submit insurance claims. Insurance companies will evaluate the damage and injuries to determine fault and decide whether they will cover medical expenses and repairs.
Negotiation: Many vehicle accident cases never make it to court due to negotiation. To avoid litigation, the at-fault driver’s insurance company may offer a settlement to the injured party. If both sides agree on the compensation, the claim can be closed without going to court.
Litigation: If both parties are unable to reach a reasonable compromise, the matter may turn into a lawsuit. This involves pre-trial discovery, filing legal paperwork, and potentially going to trial.

How Often Do Car Accident Cases Go to Court?

Statistically, most car accident claims do not end up in court. Instead, they are settled either before or after court proceedings are initiated, but before trial. Understanding the following elements can help explain this trend:

1. Insurance Resolutions and Negotiations

The vast majority of car accident cases in the United States are resolved through insurance claims. According to the Insurance Information Institute (III), nearly 95% of all personal injury claims related to car accidents are resolved before reaching trial. Insurance companies prefer to settle out of court, as litigation takes time and costs money.

Most insurance companies aim to avoid trials because they carry a degree of uncertainty. If the case goes to court, the insurer could lose and end up paying more in compensation than originally projected.

2. The Cost of Going to Court

The financial costs associated with taking a vehicle accident case to court also play a significant role in keeping cases out of the courtroom. Often, the time spent on litigation, court fees, and legal expenses outweigh the benefits of pursuing a trial. As a result, both parties often find it more cost-effective to reach a settlement, avoiding a trial altogether.

An early settlement can be advantageous for personal injury lawyers, especially those who work on a contingency fee basis. Their clients avoid the risks associated with a trial while obtaining compensation without the prolonged judicial process.

3. The Role of Fault and Evidence

Fault is one of the primary factors determining whether a car accident case will proceed to court. If fault is clear, such as in cases where one party runs a red light or rear-ends another car, the insurance companies may find it easier to settle without going to trial. On the other hand, litigation becomes more likely when responsibility is disputed or unclear.

If there are disagreements about who is liable for the accident or if the available evidence is conflicting, both parties may choose to proceed to court to have a judge or jury make the final ruling. Additionally, litigation may be necessary to determine appropriate compensation when the extent of injuries is difficult to assess.

4. Severity of the Accident and Injuries

The more severe the injuries resulting from the accident, the more likely the case will go to court. When the injured party is seeking substantial compensation for long-term care, lost wages, or medical expenses, they may be less inclined to accept an insurance company’s offer.

In cases involving serious injury or wrongful death, insurance companies may initially offer a low settlement. However, the injured party (or their family) may feel the offer is insufficient and opt to file a lawsuit. Higher claims often lead to litigation because the settlement may not adequately cover the damages.

5. Legal Complexity

Certain car accident cases may be legally complex, making a settlement difficult. If multiple parties are involved, such as in commercial vehicle accidents, multiple drivers, or liability claims, a trial may be needed to determine who is responsible for the damages. Litigation may also be required to establish liability and assign blame in cases involving unusual circumstances, like defective car parts or poor road conditions.

Advantages of Out-of-Court Settlements

While most car accident cases do not go to trial, settling out of court has several advantages:

Faster Resolution: Settling out of court allows both sides to resolve the issue more quickly, which can be especially helpful for those dealing with injuries or financial hardship following an accident.
Lower Costs: As previously mentioned, going to court can be expensive. Settling avoids legal fees, court costs, and other associated expenses.
Certainty: A settlement provides both parties with certainty about the outcome. By contrast, a trial introduces uncertainty, as neither side can predict the final judgment with complete confidence.
Privacy: Trials are public proceedings, and sensitive information or personal details could be disclosed. Settling out of court ensures the case details remain confidential.
Control: Both parties have more control over the settlement outcome. In contrast, a judge or jury makes the final decision in court, which may not align with either side’s expectations.

Why Do Certain Cases Go to Trial?

Though most car accident claims are settled, some cases inevitably go to trial. Common reasons for this include:

Inability to Agree on a Settlement: If the parties cannot agree on a fair settlement, litigation may become necessary. Disagreements can arise over insurance coverage, damages, or fault.
Inadequate Insurance Coverage: If the at-fault driver does not have sufficient insurance or no insurance at all, the injured party may file a lawsuit to recover the damages they are unable to collect through insurance.
Legal Complexity: As mentioned earlier, some cases involve more complex legal issues, such as defective products or multi-vehicle accidents, which may require a trial to determine liability and assign blame.
Desire for a Jury Trial: Either party may prefer a jury trial rather than having a judge decide the case. This decision can lead to litigation.
Emotional or Psychological Factors: In cases of severe injury or wrongful death, the injured party or their family may seek justice or want to hold the responsible party accountable, which can lead to a decision to take the case to court.

Conclusion

So, how often do car accident cases end up in court? In general, not very often. Most car accident claims are resolved outside of court, usually through negotiations with insurance companies. However, some cases do go to trial due to factors such as disputes over fault, the severity of the injuries, and case complexity.

While going to court can seem intimidating, keep in mind that a trial is not always necessary. Settling outside of court helps many cases reach a resolution, saving both time and money. If you find yourself facing a potential court case, a skilled personal injury attorney can help guide you through the process, clarify your options, and work to secure the best possible outcome.