Why Is My Car Accident Claim Going to Court?

The thought of a personal injury claim going to court is one of the main reasons that people worry about seeking the compensation they are owed after they have been injured in a car accident. Most claims in the UK are resolved out of court, and only a very small percentage ever reach a final trial hearing. However, this means that when a claim is taken to court, claimants often start to feel concerned about the reasons why: does it mean that their claim is less likely to succeed, or that they will have to attend court proceedings themselves?

There are several reasons why a car accident claim might proceed to a court hearing, and it may be a necessary step in the legal process to move negotiations forward and secure the compensation you deserve. It does not automatically mean you will have to attend court. In fact, the claim can still be settled before the court date arrives, and when you claim with JMW, our team will work tirelessly to resolve your claim as soon as possible without compromising on how much compensation you should receive.
Here, our expert road traffic accident solicitors explain how many car accident claims go to court and the factors that can affect this. We also outline how professional help and expert advice from our experienced solicitors can deliver the outcome that meets your best interests, and make the claims process as simple and straightforward as possible for you.

Do Most Car Accident Cases Go to Court?

It is very rare for a car accident claim to go to a final court hearing. The vast majority of claims are settled through negotiations between solicitors and insurance companies before a trial becomes necessary. The legal system in England and Wales is designed to encourage parties to resolve disputes without needing a judge to decide, and the parties to a claim generally prefer to settle out of court because it is faster, less stressful and more cost-effective than a formal court hearing.

When you contact our solicitors and we begin working on your claim, we will gather evidence to prove that you were injured due to someone else's negligence. We prepare a letter of claim to send to the person we believe was responsible for your accident, along with their insurance company, which sets out our position on who was at fault based on the evidence, the extent of the injuries and how much compensation you are owed. The other party can then decide whether to accept liability or reject it. In most cases, the other party accepts based on the evidence, and your solicitor can begin to negotiate with the other party's insurance company to reach an agreement on a final settlement figure.

Car accident claims will only go to court when there is an unresolvable dispute between the parties involved, like a disagreement over who was at fault for the accident or an inability to agree a fair amount of compensation for injuries and financial losses. JMW can advise you on the likelihood of the case going to court at all stages of the process, and explain what to expect if you have concerns.

Why Is My Compensation Claim Going to Court?

While a settlement is the most common outcome, some car insurance claims do proceed to court. This usually happens when a dispute cannot be resolved through negotiations, and does not mean that your claim is less likely to succeed, or even that a settlement cannot be achieved before the court proceedings begin.

Some of the most common disputes that lead to claims reaching the court include:

Liability

The most common reason for a claim to go to court is that the liable party disputes their responsibility for the car accident. If the other driver denies they were at fault and their insurer supports them, it may be necessary for a judge to review the evidence and make a final decision on liability. This may be a risk in accidents where conflicting witness statements or a lack of CCTV evidence makes the circumstances in which the accident happened unclear.

Amount of compensation

Even when the other party accepts liability, their insurance company may disagree with the amount of compensation being claimed. Valuing a compensation claim, particularly for serious injuries, is a detailed process. Your solicitor calculates your compensation based on your injuries, pain and suffering, and any financial losses you have incurred, such as lost earnings or medical expenses. If the insurer makes an offer that is too low and will not negotiate fairly, we may start court proceedings as the only way to secure an appropriate amount of compensation.

Breakdowns in negotiations

The purpose of the claims process is to encourage a resolution through ongoing discussion between legal representatives, but these negotiations can sometimes stall. An insurance company might refuse to engage, delay their responses or simply fail to reach an agreement with your solicitor. In these situations, issuing court proceedings is a formal step that compels the other side to respond and moves the claim forward.

Claims involving significant or life-changing injuries

If you have sustained life-changing injuries in a car accident, your compensation claim will be of a higher value to reflect the long-term impact on your life. These high-value cases often require detailed expert evidence from medical specialists to assess your future needs. Because the sums involved are substantial, insurers may dispute the valuation or ask the court to weigh in on a fair compensation amount.

What Happens When a Car Accident Claim Goes to Court?

If your car accident claim needs to go to court, your solicitor will apply to the civil court for a hearing. This will be subject to the court's schedule, which can lead to delays, but JMW will continue to negotiate with the other party if we can, to claim compensation for you as early as possible.

In court cases regarding personal injury compensation, there may be several preliminary court appearances or hearings, or only one final hearing, depending on the nature of the evidence required. Decisions will be made by a judge rather than a jury, who will also set a timetable for the parties to exchange any remaining evidence, such as witness statements and expert reports.

In many instances, you will not need to attend these hearings, as your legal representatives handle them on your behalf. Only for particularly complex cases, or those where you need to answer questions about the circumstances of your accident, will you need to attend. If so, we will make sure you are fully prepared for the process and stand by you at all stages.

If no agreement can be reached during this process, the claim will be listed for a final hearing or trial. This is your court date, where both sides will present their case to the judge, along with any photographic or written evidence and expert statements. Your solicitor will present your case based on the evidence we have collected at the start of the process, and we will be with you to provide support and advice. The judge listens to the evidence, asks questions and hears legal arguments from both sides before making a legally binding decision on who was at fault for the accident, and how much compensation you should be paid.