After you were involved in a vehicle collision, most drivers know the drill: Exchange information, take pictures of the damage and the scene, make a report to local authorities, and file a claim with their car insurance company.
You take all the steps, and sometimes, your claim doesn’t go the way you expected. Perhaps the other driver is being belligerent or lying about the details of the crash, or their insurance company is giving you the run-around. Consulting with a car accident lawyer is essential in these situations, and one of the biggest questions they receive is, “Do most car accident cases go to court?”
In this post, we’ll discuss the likelihood of your car accident case going to court and how an attorney can help.
Grounds for Filing a Personal Injury Lawsuit
Car accident cases are based on negligence, that is, someone failed to use reasonable care. In order to pursue a personal injury lawsuit against an at-fault driver, you and your lawyer must prove that the driver:
- Owed you a duty of care to drive safely and obey traffic laws
- Breached that duty, such as running a red light
- The breach caused your damages, i.e., the accident wouldn’t have occurred if the other driver hadn’t run the red light
- You suffered damages due to the accident, such as medical bills or property damage
All of these elements must be proven to move forward with legal action against the at-fault driver. Gathering and documenting all information from your accident is vital to your case, as some drivers may lie about the details of the accident or may try to place blame upon you. Your attorney will be able to use the evidence from the scene of your crash as well as police or witness statements to help prove that the other driver acted in a negligent manner.
Reasons Your Case May Go to Trial
Although most car accident cases settle out of court, there are some situations that may lead to a case going before a judge and jury.
Insurance Company Will Not Settle
One of the most common reasons a car crash claim goes to trial is due to the at-fault driver’s insurance company refusing to settle with you and your lawyer. Insurance companies are notorious for attempting to underpay victims of car accidents, and if the company of the at-fault driver becomes difficult, your attorney may suggest bringing your case to court.
Fault Cannot Be Agreed Upon
In South Carolina, we use the modified comparative fault system to determine how damages can be recovered following vehicle collisions. This means that you may still recover compensation even if you are partially at fault for the accident, provided that your percentage of fault is less than 51%.
In the event that the percentage of fault cannot be agreed upon by the parties and attorneys involved in your case, your attorney will likely want to move your case to trial. For example, if the insurance company is attempting to claim you are more at fault than you were, that would be an instance where your case might go to trial over fault disagreement.
At-Fault Driver Has No Insurance
All drivers are required to carry minimum car insurance coverage, including uninsured motorist coverage, to be in accordance with state law. That coverage, per the South Carolina Department of Insurance (SCDOI), is:
- $25,000 per accident in property damage
- $25,000 per person and $50,000 per accident in bodily injury coverage
Although it’s the law, some drivers don’t carry insurance. If the at-fault driver in your case is uninsured, you won’t be able to pursue compensation by filing a claim with their insurer. In cases like these, you may need to file an uninsured motorist claim with your own insurance company if you have such coverage or otherwise sue the driver who struck you in their personal capacity.
Pursuing legal action and recovering damages from another driver or their insurance company can quickly become complicated, especially if your case goes to trial. This is why it’s so important to have an experienced car accident lawyer assist you. At The Solomon Law Group, we understand the legal complexities vehicle collisions can create, and we’re here to help you through every step of your case. Reach out for a free consultation with our legal team today.
