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Do I Have to Go to Court for a Denver Car Accident?

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February 14, 2022 Car Accidents

If you or somebody you love has been injured or sustained property damage due to the actions of another driver on the roadway, you will likely want to recover compensation for your losses. However, recovering compensation can be challenging. In most circumstances, individuals are able to recover money for their medical bills, lost wages, and property damage expenses through a settlement with the at-fault driver’s insurance carrier. However, there are times when it may be necessary to take your case to court.

Most Denver Car Accident Claims Are Resolved Through Insurance Settlements

Drivers are required to carry insurance to remain legal on the roadways in Colorado. This helps ensure that any person who sustains an injury or property damage as a result of the actions of other drivers is able to recover compensation for their losses.

After an accident occurs, the first step towards recovering compensation for an injury and property damage is filing a claim with the at-fault driver’s insurance. That is not to say that the insurance process will be easy, because often it is not. The at-fault party’s insurance carrier will likely conduct an investigation and do anything they can to try and limit how much money they payout in a settlement. There will typically be back and forth between you and the other party’s insurance carrier to reach a fair settlement.

When a claim is resolved through a settlement with an insurance carrier, this means that the court system will not be involved.

When Would You Have to Go to Court for a Car Accident Claim?

There are various reasons why a vehicle accident claim in Colorado may end up going to trial after all. There are times when insurance carriers flat-out deny claims. Additionally, it is not uncommon for insurance carriers to offer unreasonably low settlements. When this occurs, the injury victim may need to file a personal injury lawsuit in civil court in order to move the case forward. Additionally, if the injured party’s losses are significant, the insurance limitations of the policyholder may not cover all of the expenses. It may be necessary to file a personal injury lawsuit against the at-fault party directly to recover additional types of compensation from their assets.

Even after a personal injury claim is filed in court, this does not mean that the case will end up in front of a jury. When a lawsuit is filed, attorneys for both sides will begin the discovery process. Investigations will continue, and both sides will exchange information with one another. While this is ongoing, it is not uncommon for the two parties to continue negotiations in an attempt to reach a reasonable settlement offer. Only if an adequate settlement amount cannot be agreed on will the case have to go to trial.

We strongly encourage you to work with a skilled Denver car accident attorney if you have been injured or sustained property damage in an accident caused by another driver. An attorney will handle every aspect of the claim on your behalf, and they will level the playing field between you and the insurance carriers.