Do I Have to Go to Court for an Auto Accident in the US


Car accidents are not something we want to happen to us, which is more than obvious. But that does not mean that we should not be prepared for every possible situation, especially if we travel frequently. We cannot predict such situations. We can only hope that something like this will not happen to us or that even if it does, there will be no terrible consequences. However, we all know that really big accidents happen, with many lives lost or people having permanent injuries, after which they can never recover. Unfortunately, there are such scenarios. What you can hope for at any moment is that there will be justice. But for justice to be done, you also need a lawyer.

Sometimes, going to court is not necessary, but you need to leave that decision to your attorney. Keep in mind that after that accident, you will probably go through a few phases of PTSD, and anxiety, and if you are injured, you will have treatments too. Many people decide to negotiate directly with the insurance company, which we highly disagree with! Instead, you need to immediately call your car accident lawyer, explain to them what happened, and not move from that place until the police and ambulance arrive. Insurance companies want to resolve these cases before eventual lawsuits and trials, but sometimes, the settlement is not enough to cover the medical expenses at all.

So, maybe hiring an attorney is the best idea you may have, so they can help you recover after the accident. They will see the evidence, and estimate if you need to file a lawsuit, or you can settle without it. You can also see how are handling these things in a professional way. But, how to know it’s the right decision?

The good thing is that most car accidents are resolved without going to court, but you need to be ready for everything. Maybe the other person involved in the accident is planning to sue. But, if a settlement is not reached in a short period, some of the attorneys may decide to start a lawsuit and take the case to the court.

Here are some of the potential scenarios that can be resolved in court:

1. No One Can Settle With the Insurance Company

Insurance Company

Sometimes, the insurance companies don’t really offer the services they advertised before you signed with them. They will try to resolve the case with the smallest reasonable amount possible. Sometimes the victims think it’s a great deal, but the things aren’t really going like that in reality. Some processes are very long and must be taken to a trial, so the judge and jury can decide on what to be done next.

Keep in mind that insurance companies don’t want to pay large settlement amounts, so they will try to close the case as soon as possible. If you feel pushed to settle, call your attorney, and initiate a lawsuit.

2. The Fault Driver Is Causing Problems

They may try to avoid settling, or maybe they don’t have an active insurance policy. Sometimes they will try to put the blame on the innocent victim, so they can avoid justice. We’ve seen so many cruel scenarios when the guilty person avoids being punished for what they’ve done. In such cases, the whole thing must be immediately taken to court. Your car accident lawyer will help you with all of that.

Keep in mind that you need all the witnesses, and collected evidence, including the proof that they try to avoid the negotiation and guilt. That will help you a lot, and the person will be punished for more criminal cases, not just for causing the accident.

3. Representing Physical Evidence

Physical Evidence

Some people will try to avoid settlements at any cost, especially if they are guilty. If you see that the other party is avoiding the meetings and consultations, it’s time to take serious legal action. When at court, you and your attorney can represent all the physical evidence for the accident, and invite witnesses to testify to your advantage. When the cases are in court, the guilt is easily proven. That’s why sometimes, people choose to take the whole case directly to the courtroom, instead of losing time, trying to settle with someone who is obviously avoiding that.

4. Negligence of the Insurance Company

This is a very serious situation, that requires the court’s attention. There are so many insurance companies that earn a lot of money, but don’t really help the people in need. They work under defined conditions, but if it’s bad for the clients, the thing mustn’t be ignored by the lawyers and judges. Sometimes, the insurance companies can face a negligence claim, especially if they avoid fair settlements. The victim also has a right to file a lawsuit when the insurance office tries to cover facts, like the causes of the accident, or damaged vehicle, or to let the other person get over the guild in any possible way.

Everyone in this world deserves justice, and that includes the victims who can’t bribe and pay for unfair settlements. So, taking the case to the court is probably the best decision in situations like this.


All these things are very complicated, and we really hope that you won’t even need these suggestions in your life. But, if you don’t have any other choice, probably you will have to go through these things we described in the article. Maybe that’s the only way to make sure justice is served. When evidence is represented, the judge and jury can decide how the case will go, and who will take the blame for the accident.

As we said, most of the time, car accidents don’t go to court. The situations we described are an example of an exception. So, have your car accident attorney on speed dial – just in case. Who knows, maybe you will be in a situation to help someone else, with the things you learned today.