Should you settle or take your car accident claim to trial

Should you settle or take your car accident claim to trial

If you have been injured in a car accident that wasn’t your fault, you naturally expect the responsible party (or their insurer) to pay up – but the legal process of getting to that point can seem daunting.

Fortunately, the vast majority of personal injury claims are ultimately settled out of court. With the right legal guidance, you can often negotiate a fair settlement and avoid a trial altogether. Settlements are often preferred by both sides of a car accident claim, since trials are costly and unpredictable, as well as invasive and time-consuming.


Every situation is completely different, but settling “out of court” is not always the appropriate path to take in a car accident claim. Here are some reasons you may want to proceed to trial:

  • The defendant denies liability: If the defendant denies responsibility for the crash, that can complicate things. An insurance company may be reluctant to pay a claim at all when their client insists that they did not cause the crash.
  • There are multiple defendants: A multi-vehicle crash can always complicate the settlement process. Usually, everybody wants to shift the blame for the crash to someone else, so that their own liability is reduced. It often takes a court ruling to settle the issue.
  • The insurance company refuses to be reasonable: One of the biggest reasons that car accident claims end up being litigated is that the insurance company gets wed to an unreasonably low offer and they won’t budge. That usually leads to a breakdown in negotiations that leaves litigation as the next logical step.

It’s always wise to have experienced legal guidance on your side before you start talking to an insurance company. That’s the best way to protect your interests and it sends a signal to the insurance company that you’re determined to get fair compensation for your injuries.

Recent Posts



Request a case evaluation

Fields marked with an * are required

"*" indicates required fields

This field is for validation purposes and should be left unchanged.