One of the most pressing concerns among many car accident victims in California is the prospect of going to court to recover compensation. The thought of a courtroom battle can be intimidating, especially when you’re already dealing with the aftermath of an accident.
Fortunately, you do not have to go to court to settle your car accident claim. Most claims are resolved through negotiations with the insurance companies. However, there are instances where going to court may be necessary, as explained below.
Settling out of court
Once you file a claim with the at-fault driver’s insurance company, they will investigate the circumstances of the crash to determine each party’s liability and damages. The insurer will then offer a settlement based on their findings.
You have the right to negotiate a higher amount if you believe the initial offer does not adequately cover your damages. You can make a counteroffer supported by evidence like medical records and documentation of your losses. This paves the way for settlement negotiations, which are essentially back-and-forth discussions with the insurer regarding a suitable amount.
When going to court becomes necessary
Sometimes, you may require the court’s intervention to resolve a car accident claim. For example, the insurance company may deny your claim or refuse to offer a fair settlement if there are disputes about who was at fault or disagreements about the extent of your damages.
If settlement negotiations fail or the insurer acts in bad faith, you can take the matter to court, where a judge or jury will ultimately decide the outcome. Seeking qualified guidance to understand your legal rights and options as a car accident victim in California can go a long way in achieving a favorable resolution of your claim and protecting your interests.