When you get into a car accident, your first thought probably isn’t about courtrooms and lawsuits. It’s about getting your car fixed, your medical bills covered, and your life back on track. Ideally, the insurance company steps in, a fair settlement is reached, and you move on.
But sometimes, it doesn’t work out that way. Sometimes, your car accident claim hits a wall – and that’s when things might end up in court.
So when does a car accident claim actually go to court? And what causes that shift from a routine insurance process to a legal battle?
Let’s walk through it together.
Why You Might Need Court
The vast majority of car accident claims never reach a courtroom. They’re resolved through negotiation between your attorney (or you) and the insurance company. But if those negotiations break down, or if someone refuses to take responsibility, court might be your only option.
Here’s When a Car Accident Claim Might End Up in Court
While most car accident claims don’t ever get to a point where court is necessary, a certain percentage will have underlying factors or complications that require a little more legal intervention.
Here are several reasons or scenarios in which going to court is the next step.
- Liability Is Disputed
If the other driver flat-out denies fault – or if the insurance company refuses to accept their policyholder was at fault – you may have no choice but to prove it in court. This often happens in accidents where the facts are murky. (For example, both drivers claim they had the green light, or there were no witnesses.) When fault is unclear, insurance companies often dig in their heels. That’s when a judge or jury might have to sort it out.
- Your Injuries Are Serious
The bigger your claim, the harder the insurance company fights. If you’ve suffered serious injuries – things like broken bones, long-term back issues, or anything requiring surgery or rehab – the financial stakes rise dramatically. That’s when insurers start looking for ways to minimize your payout, dispute your treatment, or blame pre-existing conditions. If you can’t reach a fair number, court becomes the path to getting what you’re owed.
- The Settlement Offer Is Too Low
Sometimes, the insurance company doesn’t outright deny fault – but they lowball you. Maybe they offer to cover your ER visit, but ignore your follow-up care. Or they’ll pay for vehicle damage but deny pain and suffering.
If the offer doesn’t reflect the full extent of your damages – and they won’t budge – that’s a red flag. You deserve full compensation within a reasonable timeline. The courts can help accelerate the process and make sure you get what you’re owed.
- The Statute of Limitations Is Approaching
Every state has a deadline for filing a personal injury lawsuit. If time is running out and you haven’t reached a settlement, your attorney may file a lawsuit to protect your rights. Filing doesn’t mean you’ll go to trial – it just means you’re keeping your options open while negotiations continue.
- Bad Faith Insurance Tactics
In rare cases, your own insurance company might play hardball – especially in uninsured or underinsured motorist claims. If your insurer delays, denies, or devalues your claim without proper justification, you may be dealing with bad faith. Filing a lawsuit can apply the pressure needed to make them take your case seriously.
What Going to Court Really Looks Like
If your claim goes to court, that doesn’t mean you’re immediately headed to trial. It starts with filing a lawsuit and serving the other party. Then comes a process called discovery – where both sides gather evidence, take depositions, and build their case.
Often, the threat of trial alone is enough to push a settlement. Most cases that get filed still settle before ever reaching the courtroom. But if the insurance company still won’t cooperate, your attorney will prepare to take your case in front of a judge or jury.
If your claim does end up heading to court, documentation becomes everything. You’ll want:
- Medical records that show the extent and cost of your injuries
- Police reports that establish fault
- Photos or video from the scene
- Witness statements, if any exist
- Repair estimates or receipts for your vehicle
- A clear timeline of how your injuries affected your life
An experienced car accident attorney will help organize and present all of this. If you’re not already working with one, now’s the time to bring one on board. Court isn’t something you want to face alone.
Should You Try to Avoid Court?
Most of the time, the answer is yes. Court can be stressful and unpredictable. If you can get a fair settlement through negotiation, that’s almost always the preferred route. But avoiding court shouldn’t come at the expense of getting everything you’re owed.
If you’re being pushed to accept less than what you need to cover your bills, your missed work, and your future medical care – it may be time to fight.
Preparing for What’s Next
When you’re involved in a car accident, it’s impossible to predict what comes next. Some claims are fairly straightforward and don’t require much intervention beyond a couple of conversations with an adjustor. However, others are very complicated and may require significant involvement from insurance companies, attorneys, and even the courts.
The best thing you can do is mentally prepare yourself to release control to a lawyer, so you can focus all of your energy and attention on your recovery. If you do that, you won’t have to worry about what comes next.