Abogados De Accidentes: Do You Always Have to Go to Court in a Car Accident Case?

You know the story. You are driving, paying attention, but then you glance away for just a moment. When you look back up, it’s too late to stop, and you’re in a fender bender. Perhaps you have been sitting at a light when another car rear-ended you. No matter how careful you are, car accidents can happen. When they do, call your abogados de accidentes: your accident lawyer.

Abogados De Accidentes: Does Your Car Accident Mean You Have to Go to Court?

Will you have to go to court to receive the financial compensation you are due? There is always the possibility that you will have to go to court. However, the odds are that you will not have to. Don’t hesitate to file your claim and call your abogados de accidentes as soon as possible.

Do not pay for your damages out of pocket. You should always hold the negligent driver responsible for their actions. Going to court can be overwhelming and feel stressful, but your accident attorney will work hard to settle your accident claim outside court.

Car Accidents Are Common, But Court Cases Are Not

Millions of Americans drive or ride motorized vehicles as part of their regular job. Motorized vehicle crashes are one of the leading causes of work-related deaths in the United States. This is in addition to the everyday driving accidents that occur on public roads. However, even though the number of car accidents that occur yearly is quite high, the number of court cases involving those accidents is low.

Statistics from personal injury settlements revealed that only roughly 5% of all claims made ended up being settled in a court of law. The good news is that the odds of you ending up in court for your car accident are actually very low.

Why Would I Have to Go to Court?

If you file a car accident lawsuit against another driver involved in the car accident, you may have to go to court. Here are a couple of reasons why that can happen:

1. Insurance Companies

One of the biggest reasons people end up in court is to win a fair settlement. If insurance companies won’t budge during the negotiation process, your last resort is to fight for fair compensation in a court of law. This is a lengthy process. However, if you are looking at a large settlement, it may be the way to go. An insurance company is a business. Their main goal is to provide the lowest settlement possible because it helps them save money.

Your accident attorney will help you negotiate and work for a settlement outside of court. Negotiating for a settlement to resolve the issue is almost always the result of car accident claims. Going to court is typically only necessary when an insurance company refuses to settle within reasonable terms.

2. Uninsured Drivers

Uninsured drivers, or those whose insurance barely covers anything, are another reason people tend to end up in court. There are thousands of drivers on the road with little or no coverage, and if one of them is at fault, you may end up taking them directly to court. Unfortunately, the sad truth about taking an uninsured, negligent driver to court is that you probably aren’t going to get much out of it.

A negligent, uninsured driver will most likely not have the financial means necessary to pay for damages. However, taking them to court has another benefit, they can be held accountable and punished for their actions. Court also provides you with other avenues that you can take advantage of, such as punitive actions. Talk to your accident attorney. They will be able to advise you on the best possible course of action.

3. A Summons

Another reason that you may end up in court is completely separate from the claim you filed. For example, if the negligent party files a claim against the traffic violation they’ve received, you may end up being summoned to court as a witness.

How Can You Avoid Court?

Now that you know why you may end up in court, how can you avoid it? You can take several steps to improve your chances of settling the claim and avoiding the need to go to court. They are:

  • Report the accident
  • Collecting evidence
  • Seek medical care
  • Track damages, bills, and receipts
  • Consult your lawyer


Never apologize, admit blame, or give statements to the other party’s insurance company before you have consulted your attorney. The stronger your case, the more likely you are to get a fair settlement outside a court of law. An experienced accident attorney will help you get the best settlement possible. Additionally, having an attorney on your side if you do end up in court helps to reduce stress while helping you get the compensation you are due.

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