How Often Do Car Accident Claims Actually Go to Court?

When you’re recovering from a car accident, the last thing you want to think about is a long, public, and stressful court battle. It’s a common fear, but the reality is quite different.

Nationally, only about 3 to 5 percent of personal injury cases, which include car accident claims, ever go to trial. The vast majority—over 95%—are resolved through a settlement agreement.

While motor vehicle accidents account for more than half of all personal injury cases in the U.S., the path for most does not end in a courtroom. The reason is simple: trials are expensive, time-consuming, and unpredictable for both sides. Insurance companies are businesses that must manage risk, and a jury verdict is a significant unknown. For an injured person, the settlement process typically provides a faster, more certain resolution.

However, a claim may head toward court if the insurance company disputes who was at fault or refuses to offer a fair amount to cover your medical bills, lost income, and the impact on your life. Securing the compensation you need is possible through a carefully negotiated settlement, backed by the readiness to go to trial if necessary. An experienced Arlington Heights car accident attorney can help you navigate this process and fight for the best possible outcome.

If you have a question about your car accident claim, call Vito & Dollenmaier Law at (224)539-8821.

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Why Do So Few Car Accident Cases Go to Trial? The Realities of Litigation

The simple answer is that both sides, you and the insurance company, have strong incentives to avoid a trial. It’s a last resort, not a first step. Let’s break down why.

The Three Big Factors: Cost, Time, and Risk

Financial Cost: Trials are expensive. Costs include filing fees, paying for expert witnesses (like accident reconstructionists or medical professionals), court reporters, and creating trial exhibits. These expenses mount quickly, and for an insurer, the cost of litigation sometimes approaches the value of the claim itself.
Time Commitment: The legal system moves methodically. From filing a lawsuit to a trial date takes many months, or even years, especially in busy jurisdictions like Cook County. During this time, your bills continue to pile up while you wait for a resolution. A settlement provides a much faster conclusion.
Uncertainty of the Outcome: A jury is unpredictable. No matter how strong your case seems, there is never a guarantee of victory. A jury could award less than the final settlement offer, or nothing at all. Insurance companies face the opposite risk: a jury could be moved by your story and award a “runaway verdict” far higher than what they wanted to pay. Settling removes this uncertainty for everyone.

The Emotional Toll on You

Going to court means reliving the accident in a public setting. You will have to testify and be cross-examined by the other side’s attorney. Their job is to question your memory, your motives, and even the extent of your injuries. This can be an incredibly stressful experience for anyone.

Settling allows you to resolve the claim privately and focus entirely on your recovery.

The Path to Settlement: How Most Claims Are Resolved Without a Courtroom

Since most cases don’t go to trial, it’s helpful to understand what the typical journey of a claim looks like. The entire process is built around gathering facts and negotiating a resolution.

Step 1: The Investigation and Demand Letter

This is the foundation of your claim. We handle the process of collecting all the necessary documentation:

Medical Records: To show the extent of your injuries and the cost of your treatment.
Police Reports: To establish the initial facts of the accident.
Wage Loss Information: From your employer to prove lost income.
Evidence from the Scene: Photos, witness statements, and any available camera footage.

Once we have a clear picture of your total damages, we send a formal “demand letter” to the insurance company. This letter lays out the facts, establishes the other party’s fault, and demands a specific amount for settlement.

Step 2: The Negotiation Phase

The insurance adjuster will review the demand and respond, usually with a lower counter-offer. This begins a period of negotiation. We present the strengths of your case and counter any arguments they make to reduce the value of your claim.

For example, they might argue you were partially at fault. Our role is to use the evidence to show their driver holds the clear majority of the blame under Illinois’s modified comparative negligence rule. This legal concept simply means that you can still recover damages as long as you are not found to be more than 50% at fault, though your percentage of fault would reduce your recovery.

Step 3: Alternative Dispute Resolution (ADR)

If negotiations stall, the next step is frequently Alternative Dispute Resolution (ADR), a formal process designed to resolve disputes without a trial.

Mediation: A neutral third-party, called a mediator, helps both sides communicate and find common ground. The mediator cannot force a decision, but they facilitate a conversation to help you and the insurer reach a voluntary agreement. It’s confidential and non-binding.
Arbitration: This is slightly more formal. An arbitrator (or a panel) acts like a judge, hears evidence from both sides, and makes a decision. Depending on the agreement, the arbitrator’s decision might be binding.

What Factors Push a Car Accident Claim Toward Court?

While settlement is the norm, certain roadblocks make a trial unavoidable.

1. Serious Disputes Over Fault (Liability)

This is the most common reason. If you say the other driver ran a red light, but they and a witness claim you did, the insurance company will likely refuse to pay. Without clear evidence—like video footage or a definitive police report—a jury may be the only way to determine who was negligent.

2. Disagreements on the Value of the Claim

You and your doctors believe your injuries will require future surgery and ongoing care. The insurer’s medical expert disagrees and claims you are exaggerating your injuries. This is especially common with injuries that don’t show up clearly on an X-ray, like traumatic brain injuries or whiplash.

Insurers may also contest the value of non-economic damages, such as pain and suffering or PTSD related to the crash, because they are subjective. When the gap between your needs and their offer is too large, a trial may be the only way to have a jury decide what is fair.

3. The Insurance Company Acts in Bad Faith

In some cases, an insurer may refuse to make any reasonable offer, even when liability and damages are clear. They may be hoping you will get frustrated and give up or accept a fraction of what your claim is worth. Filing a lawsuit forces them to take the claim seriously. The threat of a large jury verdict motivates a company to come back to the negotiating table with a fair offer.

4. A Lawsuit is Needed to Get Information

Sometimes, the other driver or a company refuses to provide key information voluntarily. Filing a lawsuit gives us the power of “discovery,” which means we can legally compel them to turn over evidence through processes like depositions (sworn testimony) and subpoenas for records.

How Does Modern Technology Impact the Decision to Go to Court?

The rise of digital evidence is changing how car accident claims are handled. This technology can provide objective proof that either strengthens a settlement position or becomes the key evidence at trial.

Data That Clarifies Fault and Reduces Disputes

Dash Cams and Body Cams: Footage from your vehicle, a nearby business, or a police officer’s body camera can instantly end a dispute over who had the right of way. When the evidence is this clear, the insurer has little choice but to settle.
Vehicle “Black Box” Data: Most modern cars have Event Data Recorders (EDRs). This device captures data on speed, braking, and steering in the moments before a crash. This telematics data may prove the other driver was speeding or acted recklessly.

AI’s Role in Claim Evaluation

Insurance companies now use AI-powered software to analyze claims. The software assesses police reports, medical records, and other factors to generate a settlement range. This can speed up settlements for straightforward claims. However, it might also lead to lowball offers if the algorithm doesn’t fully appreciate the human element of your pain and suffering, sometimes making it necessary to file a lawsuit to get a human adjuster to take a closer look.

What Does the Court Process Actually Look Like?

If your case is one of the few that proceeds to a lawsuit, it doesn’t mean you’ll be in a courtroom next week. The “litigation” phase has several steps, and a settlement could still happen at any point before the trial begins.

The Main Stages of a Lawsuit:

Filing the Complaint: We file a formal document, called a complaint, with the appropriate Illinois court. This document outlines your case against the at-fault party. You have a limited time to do this, known as the statute of limitations—generally two years for personal injury in Illinois (735 ILCS 5/13-202).
Discovery: As mentioned earlier, this is the longest phase. Both sides exchange information, interview witnesses under oath (depositions), and request documents. This is where we build the official case for trial.
Pre-Trial Motions and Hearings: Attorneys for both sides may argue before a judge about what evidence will be allowed at trial.
The Trial: If no settlement is reached, the case is presented to a judge and jury. Both sides present evidence, question witnesses, and make arguments. The jury then deliberates and delivers a verdict.

Frequently Asked Questions About Car Accident Claims

Will I have to testify if my case goes to court?

Yes, if your case goes to trial, you will need to testify. Your testimony about how the accident happened and how the injuries have affected your life is a central piece of your case. We will thoroughly prepare you for what to expect so you feel confident and ready.

How long does it take to settle a car accident claim in Illinois?

The timeline varies greatly. A straightforward claim with clear fault and minor injuries might settle in a few months. A complex case involving serious injuries and disputed liability could take over a year to negotiate, and longer if a lawsuit is filed.

Can I still settle my case after a lawsuit has been filed?

Absolutely. In fact, most lawsuits still end in a settlement. Filing the suit frequently prompts the insurance company to increase their offer as the trial date gets closer and their own legal costs rise.

What if the other driver was uninsured?

This complicates things but doesn’t eliminate your options. If you have uninsured motorist (UM) coverage on your own policy, we would file a claim with your own insurance company. These claims can also end up in court if your insurer doesn’t make a fair offer.

Is the average settlement amount a good indicator of my case’s value?

No. While you might see averages online, they are misleading. The value of your claim is unique and depends entirely on the specific facts of your case: the severity of your injuries, the total of your medical bills and lost wages, and the impact on your quality of life.

Let Us Handle the Process, So You Can Focus on Healing

You don’t have to face a stubborn insurance company alone. Our team at Vito & Dollenmaier Law, led by an experienced Arlington Heights personal injury attorney, handles the claims process, preparing every case for trial so we can negotiate from a position of strength.

For a clear assessment of your case, call us at (224)539-8821.