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Why do Some Car Crash Claims End up in Court?

empty courthouse during daytimeOne of the reasons some car crash victims decide not to call an attorney is because they do not want to go to court. However, the truth is most claims do not get to court. In fact, even if a lawsuit is filed, the case could be settled long before a trial begins. Even if a trial starts, the insurance company could offer a settlement at any time.

Below, our experienced Harrisburg vehicle accident lawyers discuss some of the reasons a case may end up in court. If you are concerned about your claim ending up in court, give us a call to schedule a free consultation. We can explain how we may be able to help you through each stage of the legal process. We are always prepared to go to court, as our goal is to recover full compensation for your damages.

Reasons Some Car Crash Claims Go to Court

There are two main reasons a car crash claim may result in a lawsuit being filed and both parties ending up in court:

  • The insurance company denied the claim
  • Both sides could not agree on a settlement offer

There are a variety of reasons why a claim could be denied, or the two sides may not reach a settlement. For example, the insurance company could claim you waited too long to file a claim or to report the crash to the police. They may look for some sort of technicality to claim your policy is invalid, such as errors or omissions on your application for insurance.

Insurance companies could also deny a claim because they say the victim engaged in intentional or illegal conduct during the crash.

However, many claims are not denied. The insurance company simply refuses to make a settlement offer the victim or his or her attorney are willing to accept. Sometimes the insurance company does not offer enough for certain damages, or the insurance company decides not to cover some medical expenses. The insurance company may argue these expenses were for treatments that were unnecessary.

It is important to note insurance companies often deny or undervalue valid claims. They know what they are doing. They are hoping the victim will be so desperate for compensation that he or she will eventually accept an offer, even if it is far below the full value of the claim.

In fact, insurance companies have a vested interest in waiting to settle – the longer they hold onto the premium payments they have collected, the more interest that money earns.

It is important not to get discouraged because a case is taking a while to resolve. It usually takes at least a few months to reach a settlement. If you have questions, the attorneys at Schmidt Kramer are available to answer them.

Why Going to Court is Unlikely

While insurance companies may say they are sticking to an offer and will not offer more compensation, this may change over time. Insurance companies would rather avoid going to court, as this adds more expenses to a claim. There is also a chance a jury will award much more compensation than the insurance company would have had to pay in a settlement.

Despite the fact insurers would rather avoid a trial, it is important to have an experienced attorney who is prepared to go to court. Insurance companies often know about the attorneys who rarely, if ever, take cases to court. Victims represented by these attorneys may have a much harder time recovering full compensation, as insurance companies do not feel pressure to settle without the possibility of a lawsuit being filed.

Unsure if You Need a Lawyer’s Help? Call Schmidt Kramer

Our experienced attorneys know crash victims have many questions about their situations. That is why we offer a free legal consultation so we can answer their questions and explain their potential options.

There are many benefits to working with a lawyer as you seek compensation for your damages. In fact, victims who work with lawyers often recover more compensation.

Give us a call today to discuss your situation and learn how we may be able to help you. There are no upfront fees or obligations.

Free consultation with no upfront fees. (717) 727-2550