If you get involved in an automobile accident in Arizona, you most likely do not have to go to court to recover financial compensation through an insurance claim. However, there are situations where taking your case to trial might benefit you, such as if an insurance company does not offer a fair settlement or rejects your claim.
Car Accident Settlements vs. Court Trials
The vast majority of car accident cases – and other types of personal injury lawsuits – reach settlements. Settlements are generally preferred by both parties. A settlement is a resolution for a legal dispute that is reached between an insurance company and a claimant outside of court.
In a car accident case, for example, an automobile insurance company may offer a sum of money to pay for the victim’s medical bills and property damages in exchange for the victim relieving the insurer from any further liability or legal responsibility for the crash.
Neither party is obligated to accept a settlement. If a case goes to trial and a judge issues a court order, however, both parties must comply. In addition, going to court is often more expensive and a longer legal process than achieving a settlement.
When Might a Car Accident Case Go to Court in Arizona?
There are circumstances where it may be in your best interests to take a car insurance company to trial rather than accepting a settlement. This includes if you wish to hold someone publicly accountable for the crash, such as a drunk driver. Below are two examples where your car accident case may benefit from going to court.
If the Car Insurance Company Will Not Offer a Fair Settlement
When you file a car accident claim, you have the right to negotiate with the insurance company on the value of any settlement offered. You or your lawyer can submit a counteroffer and negotiate from there until you reach a satisfactory amount.
Unfortunately, insurance companies often attempt to take advantage of claimants by convincing them to settle for less than their cases are worth. If an insurer will not offer a settlement that you think is fair for the extent of your injuries and losses, you may have no choice but to bring your case to court.
If a jury rules in your favor and finds the insurance company liable for the car accident, you could receive greater compensation than what you would have gotten in a settlement, including an award for pain and suffering.
If the Car Insurance Company Wrongly Rejects Your Claim
Another tactic a car insurance company may use to protect its own profits is wrongfully rejecting a claim and denying benefits. This is an example of insurance bad faith, meaning the insurer has failed to handle the claim in an honest and good faith attempt to resolve it. Wrongful claim rejection could mean a lawsuit must be filed to prove that the insurance company is liable for your damages.
How a Car Accident Attorney Can Help
Do not let your reluctance to go to court stop you from seeking justice for a recent car accident in Arizona. Work with a car accident attorney at The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer for legal assistance and representation during the settlement process. We can help you negotiate a fair settlement to improve the chances of keeping your case out of court.
If you need to file a personal injury lawsuit to obtain justice, however, we will guide you through every step of litigation with tailored legal services to make the process as stress-free as possible. Contact us today for a free consultation about your car accident case.