Steps In Taking Your Auto Accident Claim To Court
Most auto accident cases never reach court. Both plaintiffs and insurance companies have advantageous reasons to settle every case that they can out of court, so that they can both avoid huge legal costs. However, there are some cases, such as those that involve a dispute over who is at fault for an accident that will get taken to court. Hopefully, this is not one of your cases, but if it is, here are the basic steps that are involved in settling auto accident claims in and out of court.
First, both parties to the case have a period where they investigate the case. In this period, evidence is gathered and fault is established with regard to the auto accident. This starts from the second that the cop arrives at the accident scene. It’s also why many insurance companies have rapid response vehicles that report to crash scenes. It’s to make sure that they get all the information and can start their investigation into the crash. For most people, insurance companies will require you to submit paperwork proving the value of repairs and any injuries you claim to have sustained.
After this, there is a period where insurance settlement proposals are made. Both sides will negotiate, either in person, or more commonly through letters sent through attorneys. For most people, their claim will end in a successful auto accident settlement. However, for some people the insurance company’s offer will not meet their expectations and the final contact will be a demand letter where the plaintiff states what he wants and his plans to file a case if they are not met.
If the car insurance company doesn’t respond satisfactorily to the demand letter, the case ends up being taken to court. Rules for court cases vary by state, but usually the proceedings will take place in front of a jury who will determine your compensation.
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