Why Is My Car Accident Claim Going To Court?

Car accidents are already stressful, and if you have to go through the legal proceedings on top of that, things become even worse. Most car accident claims in the UK are settled outside of court, but some may end up in court. So, if you are thinking, “Why is my car accident claim going to court?”, I want to assure you that you are not alone here.

Today, I am going to discuss the most common reasons why your car accident claim may go to court, what to expect, how to prepare yourself for a court hearing, and how long car insurance claims do take.

Whether you are going through an accident management company or your insurance company, if you know the process, it will help you feel more confident.

Why Is My Car Accident Claim Going to Court? Complete UK Guide

At the very beginning of our discussion, let’s see how many accident claims go to court.

How Many Car Insurance Claims Go to Court in the UK?

Do all claims for car accidents go to court? The answer is no. Then, how many accident claims go to court?

Most car accident claims in the UK are settled through negotiations between the parties involved, usually through insurance companies or by passing it to solicitors. If we look at the UK government statistics, it says that only about 5% of personal injury claims end up in court.

Then, why do some claims become legal disputes?

Why Is My Car Accident Claim Going to Court?

Here I am mentioning the top reasons your car accident claim might go to court.

There Is a Disagreement About Who Is Responsible

If the other driver denies guilt or both parties accuse each other, the case may need to be settled by a judge. For example, you claim that the other car ran a red light, but they believe you were going too fast.

Not Agreeing on the Amount of Compensation

The defendant or the insurance company can agree to take responsibility but disagree on how much your claim is worth, especially in cases of damage. Common conflicts may include the price of medical care, loss of earnings, repairing or replacing the car, value of pain and suffering, etc.

Lack of Evidence

If there is not enough evidence or the evidence is contradictory, such as the lack of CCTV footage or witness testimony, the insurance company may refuse to settle.

When the Claim Involves a Serious Injury

Claims for long-term or permanent injuries that are worth a lot of money are more complicated and may require court approval.

When The Insurer Acts in Bad Faith

Sometimes insurance companies take too long, deny valid claims, or provide settlements that are too low, which makes claimants go to court.

Missed Deadlines or Procedural Issues

If you or your solicitor misses legal deadlines or presents inadequate documentation, the claim may go to court.

Now, we should know what legal advice is available for court appearances.

Accessing Legal Advice for Car Accident Court Cases

You will have a few choices for getting legal help if your car accident case is heading to court. You can choose to represent yourself, but I always suggest hiring a professional to make sure you are well prepared.

A lawyer can assist you through the whole motor insurance claim process, and help you understand what will happen and even provide you with tips on how to present your case. You might be able to get free or cheap legal help, depending on your situation. You need to know that hiring a solicitor usually costs money.

Anyways, what may happen after going to court for a car accident settlement in the UK? Let’s find the answer.

What Happens If My Accident Claim Goes to Court?

If your solicitor and the defendant’s insurer can’t agree on a claim settlement that works for both sides, your solicitor will start court proceedings. They will file a claim in court, and when the court has issued your claim, it means the court has accepted the claim and will now take steps to move your case forward. The court may request information by a specific date and inform you of the hearing date.

The judge will consider a number of things during the court hearing. This includes how it has affected you, how severe your pain is, and any financial loss you may have experienced. You can also employ medical expert reports to make your case stronger.

Can You Settle Once Proceedings Have Started?

Even while the case is in court, that doesn’t imply that an out-of-court settlement can’t be reached. You and the other party can agree to a settlement at any moment, including before or after you begin court proceedings. If both sides agree on a settlement after the proceedings have started, your solicitor will inform the court accordingly, and the proceedings will be cancelled then.

Will I have to Attend the Court in Person?

Most of the time, car insurance claims are handled in civil court, which doesn’t have a jury. So, you might not have to attend court in person if your claim is for less than £25,000. It happens when you are going to court for a minor car accident. Your solicitor or barrister can generally speak for you in this situation.

However, if you are filing a larger claim, the judge may ask you to come and testify. Your solicitor will guide you through what to expect in that case. You might be asked:

• How the accident happened
• The injuries you have
• How it has affected your daily life

There will be questions from both sides. Your own solicitor will prepare you beforehand, and the other side’s lawyer will check how credible and consistent your story is. So, once your car insurance claim is passed to solicitors, you don’t have to face any hassle. They will get you ready, and you just have to be honest.

What Happens If You Lose a Court Case for a Car Accident Claim?

If you lose an automobile insurance claims in court, you won’t get any compensation for your injuries or damages. Besides, you may also have to pay the opposing side’s legal fees, which might be pricey.

You can consider getting an insurance cover for legal protection to keep yourself safe. After the Event (ATE) insurance is one sort of insurance that can help you pay for legal fees in case you lose. It is commonly set up with “no win, no fee” agreements. Your car insurance solicitors will explain how this works and whether it is suitable for your claim.

Do Insurance Companies Want to Go to Court?

No, they would prefer not to deal with it. Insurance companies usually do everything they can to settle before a case goes to court because the car insurance claims process in court can be costly and take a long time. As you already know, there are situations when an insurance company might think that going to court is necessary. Except for those, most of the time, insurance companies want to settle claims promptly without going to court.

How Long Does It Take to Investigate a Car Insurance Claim in the UK?

The timeframe for car insurance investigations depends on how complicated the case is. Most of the time, insurance companies have to respond to a motor insurance claim within 21 days. After that, they have three months to look into the matter and make a decision about who is responsible.

It could take only a few weeks to settle a simple dispute if one side is plainly at fault. But for complicated claims, where more than one party and injuries are involved, it might take a lot longer. These disagreements may even end up in court, like I said earlier.

You might be thinking, My car accident case is going to court, but how long does a car insurance claim take! Let’s find out what is expected.

How Long Does It Take for a Car Insurance Claim if It Goes to Court?

When your personal injury claim is going to court in the UK, it takes a long time. You should plan on waiting a few months or possibly more than a year.

That’s because your solicitor needs time to make a compelling case. They will collect

• Witness statements and police reports
• Pictures of the place where the accident happened
• Independent medical evaluations
• Proof of the financial effects, such as lost wages or ongoing care costs

They want to make sure you get fair compensation based on the short-term and potential impact of the accident.

Insurance Frauds Punishment in the UK

If you are involved in false representation, fail to disclose information, or abuse a position of trust, it is considered insurance fraud, which is a crime in the UK under the Fraud Act 2006.

The punishment may be up to 10 years of imprisonment or paying a fine, or both at the same time, depending on the value and nature of the fraud. For minor cases (under £10,000), you may get a fine or a community order. For major or high-value scams (£50,000+), you can spend years in jail.

However, when first-time offenders show remorse, they may receive lighter sentences, such as suspended sentences. A conviction might also mean having a criminal record, losing your assets, and having trouble getting insurance or credit for a long time.

Final Thoughts

So, why is my car accident claim going to court? I hope you got every detail of this question by now.

Well, it can be hard to deal with your car accident claim going to court, but when it becomes the only way to get fair compensation, especially when liability is disputed or the insurer refuses to settle. If you get legal support, the insurance claim process for car accident will feel less scary.

Therefore, don’t worry if your claim is heading to court. Pay special attention to working with your solicitor, remaining organised, and presenting your case with honesty and confidence.

FAQ

How much are court fees for a car accident?

Court fees for a car accident claim in the UK depend on the claim value. For claims under £300, you have to pay £35, and for claims exceeding £10,000, it’s 5% of the claim amount, up to £10,000. Hearing fees for a trial case range from £27 to £346. Extra applications might cost about £303. If you don’t have enough money, you may qualify for help with fees (form EX160). If you win, the court might make the opposing party pay for your costs.

Can I take my car insurance company to court?

Yes, if they deny your claim and you really disagree, you can sue your insurance company. You can start by making a complaint to them directly or through the Financial Ombudsman Service.

You can go to court if that doesn’t work, but you should make sure you have strong proof to back up your case, as going to court can be expensive.

Will going to court increase my car insurance premium?

Yes, it can, even if the accident was not your fault. That’s because insurance companies typically consider any involvement in an accident as a sign of a higher risk in the future.