While the majority of auto accident cases are settled outside of the courtroom because both sides are able to come to an agreement on a settlement amount, there are some instances when your attorney may need to take your particular case to court in order to recover the full amount of damages that you are owed. Therefore, it is important that you work with an accident attorney who is ready to go to trial should the time come. Keep reading to learn about some of the reasons when auto accident claims must go to trial.
Disputes Regarding Who Is at Fault
Probably one of the most frequent reasons that a settlement is unable to be reached between two parties in an auto accident claim is because the insurer is alleging that the victim is the one who is at fault for the collision. Insurance companies tend to use the words of the victim against them to allege that they are the one at fault. For instance, if the insurer called you following the accident and you mentioned you were in a hurry, the insurance company may try to allege you were speeding when the accident took place.
Alleging an Injury Isn't Linked to the Accident
Insurers tend to allege that a victim's injury is not associated with the accident at all. For instance, if you waited to go to the hospital rather than immediately seeking medical treatment following the accident, the insurance company could allege that your injury was not related to the auto collision. This puts the burden of proof on you to prove that the injury was indeed a result of the accident.
Receiving Too Small of a Small Settlement Offer
A third reason that an auto accident claim may head to the courtroom is due to the fact that the insurance company provided a settlement offer that was just too small. For instance, insurers may dispute the extent of your injuries and offer a settlement that is far less than the true value of your medical expenses. There could also be disputes regarding the repair or replacement cost of your automobile.
If you are finding it difficult to get a proper settlement from your insurance company, then you need to speak to a personal injury attorney about legal representation. A professional auto accident lawyer can help you with negotiations and represent you at trial if it comes to that.Share