No, most car accident cases do not go to court. The majority of these cases settle either as insurance claims or after the victim files a lawsuit. Even when the accident survivor files a suit, it’s statistically unlikely the lawsuit will make it to court.
Some car accident cases do go to court. It happens when the two sides involved in the case cannot agree on financial compensation for the victim. They might even disagree about whether the person seeking compensation deserves any. Whether or not your car accident case eventually goes to court, allow a car accident attorney to lead your fight so you can focus on recovery.
Read more: What Happens in a Car Accident Lawsuit?
There are several explanations for why the majority of car accident cases settle before the court, which include:
In most cases, both parties involved in a car accident case want to resolve it. This includes:
That being said, an insurance company’s representatives might prolong the process if they believe doing so is to the company’s financial advantage. For instance, if an insurer senses you’re under financial pressure, it may drag its feet to have you cave to a lowball settlement offer.
Generally speaking, though, all sides have at least one reason to resolve a case. Settling is the most efficient resolution.
Read more: Can You Sue Uber for a Car Accident?
There is a fee simply for filing legal action. This initial fee is just one of several costs you or your legal team may incur when you pursue a trial. You might also face the cost of:
Trials occupy more of an attorney’s time, energy, and resources. It is not a bad thing on its own, but it shows one of several costs associated with going to court.
Read more: What Can a Lawyer Do for You After a Car Accident?
When you take a case to trial, you’re potentially betting on an all-or-nothing proposition. Either those responsible for judging your case will award you compensation, or they won’t. It is a substantial risk, even when you have a highly skilled, experienced attorney.
Attorneys are generally wary of insurance companies. They have seen far too many insurance companies act in bad faith, engaging in unethical practices to withhold money from the claimant. Yet, the fact remains that fair settlement agreements do happen.
If you receive a fair offer, your lawyer will let you know it’s a fair deal (in their opinion). If the offer is fair, you may be inclined to accept and move on from the case.
Read more: Filing a Lawsuit After an Uber or Lyft Car Accident
This is a cautionary lesson about why a car accident case should not be settled but too often does. Countless accident victims have chosen to settle a case before court because:
Most accident survivors are in a vulnerable state. Protect yourself. Allow a car accident attorney to negotiate on your behalf. Their intent will not be a quick payday but your long-term financial stability.
Read more: Who Pays Medical Bills After a Car Accident?
With all this being said, some car accident cases do go to court. Often, the plaintiff has good reason for suing one or more liable parties and taking the case to trial. Such reasons can include:
If you and your attorney feel you have a strong case, this belief may remove some common doubts about going to trial. You might believe that you’ll secure far more compensation at trial than you would receive from a settlement, and this might motivate you and your legal team to go to court.
You may be more likely to file a lawsuit if an at-fault motorist (or another negligent party):
While you might have uninsured/underinsured (UM/UIM) coverage that helps pay for some accident-related losses, this coverage is not always enough. You may need to seek compensation directly from at-fault parties, and going to court may be the best way.
You might feel the need to hold an at-fault party directly accountable if their behavior was beyond common negligence. If you feel their wrongdoing was intentional or beyond forgivable, you and your attorney might seek compensation through a court case. Some examples of such egregious action may include:
If the at-fault party has a history of reckless behavior, this can contribute to one’s decision to sue them and take the case to trial.
Read more: Who Is At Fault in a Multi-Car Accident?
A liable insurance company may not offer the compensation you deserve for several reasons, which may include:
If insurance does not cover your losses, filing a car accident lawsuit and going to trial may become your only path to justice.
Read more: What to Do After a Car Accident
Whether or not your car accident case ultimately leads to court, having a lawyer on your side will be beneficial because:
Those who try to handle their car accident case alone may find it difficult to recover. Rest is typically necessary to heal, and the demands of your case may prevent you from resting. Let a lawyer assist; they will work urgently to resolve your case.
Do not underestimate how much time, attention, and resources your car accident case may require. Let a lawyer pursue the compensation you deserve, here are what a lawyer can do for you after a car accident:
Your lawyer will not work on your case alone. Car accident attorneys typically have paralegals at their side, assisting with legal paperwork and client service. Your legal team might also hire multiple experts to contribute to your case in various ways.
Car accidents cause two outcomes that personal injury lawyers are most often concerned with:
Some of the damages often associated with accident injuries are:
Vehicle repair costs and temporary transportation are two more economic damages often included in car accident cases.
Some damages associated with wrongful deaths include:
Losing a loved one is tragic. Non-fatal injuries can be devastating, too. Whatever challenges you are coping with, your lawyer will provide the assistance you need and deserve.
You should bump “hiring a lawyer” to the top of your priority list. Most states, including Arizona, have deadlines for filing car accident cases. As you now know, you may need to file a lawsuit after your crash, so minding these deadlines is critical.
If you or your loved one has suffered an injury in a car accident, you should hire your personal injury attorney skilled in car accidents as soon as possible. They know when to accept a settlement and when to go to court. They will be your best alley. Call today, waiting can be a mistake you cannot correct, so act now.
No—only a small fraction reach trial. BJS data show about 4% of tort cases end in a bench/jury trial (the rest resolve earlier). Federal civil trials are ~1% today.
Key takeaway: Expect settlement or pre-trial resolution, not a courtroom verdict.
Roughly a coin flip. In the BJS tort-trial study, plaintiffs won about half of tort trials; nearly 60% of tort trials were auto cases.
Key takeaway: Trials are uncommon and uncertain—leverage matters more than theatrics.
Often ~30–45 days for an initial response, but it varies by carrier and case complexity. Many firms cite a ~30-day industry norm; others see a few weeks to a few months depending on records/liability.
Key takeaway: Speed up review with a complete proof packet (medical records/bills, wage proof, photos, police report)
Generally 2 years from the injury date (A.R.S. § 12-542). Miss it and you can lose your claim.
Key takeaway: Calendar the 2-year limit; don’t let negotiations drift past it.
Yes. Arizona uses pure comparative negligence (A.R.S. § 12-2505): your damages are reduced by your fault percentage (no comparative relief for intentional/wanton conduct).
Key takeaway: Partial fault reduces, but doesn’t erase, recovery—document facts that minimize your share.