Do You Have to Go to Court for a Car Accident?

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Car accidents can be very stressful and even tragic events. Whether you’re the victim or the other driver, you may wonder (even while still at the accident scene) “do you have to go to court for a car accident?” In most car accident cases, you will not have to go to court for a car accident. Most car accident claims are resolved through an insurance settlement.

However, there are a few instances where you may have to go to court in a car accident case. If the accident resulted in serious injuries or fatalities, if the at-fault party disputes fault, or if the insurer doesn’t offer a fair settlement, you may have to go to court. If you are unsure whether or not you will need to go to court, it is best to speak with an attorney.

If you have been seriously injured in a car accident, it is important to seek legal representation. An experienced Chicago car accident attorney can help you negotiate with both your insurance company and the other driver’s insurance company to ensure that you receive the compensation you deserve.

Call the personal injury lawyers at The Kryder Law Group, LLC for a free, no obligation, consultation and speak with an attorney today.

In this Article

Filing an Insurance Claim

Illinois is an at-fault insurance state, so the at-fault driver is legally responsible for the damages caused by their negligence. Typically, accident victims receive compensation from their accident through a settlement they enter into with the insurance company via their car accident claim.

In exchange for a certain amount of money, you agree not to take any further legal action against the at-fault driver or the insurance company.

What Do Insurance Adjusters Do?

Once you initiate the insurance claim, an insurance adjuster will be assigned to the case. This person works for the insurance company and is invested in helping minimize the value of the claim.

They will review the relevant insurance policy and evidence involved in your claim to determine if insurance coverage applies. They may negotiate with you or your legal representative.

Pursuing a Lawsuit

If you are not happy with the settlement offer made by the insurance company, you may decide to pursue a personal injury lawsuit. This is a more expensive and time-consuming option than settling your claim outside of court, but it may be necessary if you want to receive fair compensation for your car crash injuries.

If you are considering filing a car accident lawsuit, it is important to speak with an experienced car accident lawyer. A lawyer can help you assess your case and determine the best course of action. They will also represent you in court and negotiate with the insurance company on your behalf.

Get Help From The Kryder Law Group, LLC

If you have been injured in a car accident, contact The Kryder Law Group, LLC for a free consultation with an experienced car accident lawyer. We have worked on countless personal injury claims and can help you get the compensation you deserve.

When You May Have to Go to Court for a Car Accident

Do You Have to Go to Court for a Car Accident - Infographic

In many cases, your case will settle out of court; however, there are certain situations in which you might find yourself in court, including:

  • The other driver disputes fault

  • The insurer refuses to offer you a fair settlement

What You Can Expect if You Go to Court

If you are not able to resolve your claim with the insurance company to your satisfaction, your next step may be to file a lawsuit. Our experienced Chicago car accident lawyers can help with each stage of this process, including:

Filing a Complaint

The litigation process officially begins with the filing of a complaint, which sets forth information about you, the other party, the accident, and your legal right to compensation. Your lawyer can prepare your complaint and file it within the applicable statute of limitations.

Obtaining Evidence from the Other Party

Discovery is the formal process of learning about the other side’s proof and defenses. Your personal injury lawyer can gather critical information to help you establish the legal elements of your claim by:

  • Requesting the defendant admit to certain allegations

  • Requesting the defendant answer written questions under oath

  • Requesting the defendant provide certain documents

  • Sending out subpoena requests to others who may have relevant information, such as witnesses, your employer, or your healthcare providers

  • Examining the defendant or witnesses during a deposition

  • Interviewing and examining potential expert witnesses


If your case proceeds to trial, you will need to appear in court. Your lawyer can help you prepare for this and the types of questions you may be asked. Your lawyer will interview potential jurors to make sure that they are not biased against you for any reason.

Additionally, your lawyer will present evidence to help establish your claim and examine your witnesses. They will cross-examine the defendant and their witnesses.

After the trial, a judge or jury will render a decision in your case.


If either party was not satisfied with the result at trial, your case may be appealed if there were errors made during the trial or litigation process that affected the outcome of the case.

Through this process, your lawyer will represent your interests and try to secure a fair award on your behalf.

Deadline to File a Lawsuit

If you decide to file a lawsuit against the at-fault party, you will be subject to the two-year statute of limitations described under Illinois law 735 ILCS 5/13-202.


In some cases, you may file a claim against your own insurance company, such as if you are using your comprehensive or uninsured motorist coverage. Your insurance contract may require you to resolve your claim through arbitration, which is a less formal manner that is used to resolve legal matters.

A neutral arbitrator or panel of arbitrators evaluate evidence and testimony and make a binding decision outside of court.

Contact Us for Help with Your Claim

While you likely do not have to worry about going to court for a car accident, the entire process can be stressful to manage alone. You do not need to take on these burdens.

The team at The Kryder Law Group, LLC can investigate your claim, explore your options for resolving your claims, and help you through the claims process. We can also explain whether you will have to go to court.

Free Case Evaluation

We provide a free consultation to discuss your legal options in a confidential setting. Call us today to get started. We are ready to help you seek compensation that you need to cover your losses including your medical bills, lost wages, motor vehicle damage, property damage, and more.

Don’t let the person liable for your losses not be held responsible. Speak with an experienced lawyer today for a free case review to see what kind of financial compensation you may be entitled to.

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