You have to go to court for a car accident if the parties cannot reach a settlement, among other reasons. Another possibility could be that there are disputes over who’s at fault or which damages are relevant in your case.
It’s also possible that your circumstances involve major injuries that need more in-depth legal resolutions. However, the exact answer to your question will depend on the details of your situation, and the only way to know if you have to go to court is to contact an attorney for advice.
If you find yourself wondering, “Why do I have to go to court after a car accident?” it’s wise to call a Kansas City car accident lawyer as soon as possible. That way, your attorney can help you understand what to expect and represent you in court if necessary.
Failed Settlement Negotiations
A common trigger for court involvement is a failed settlement. Insurers and claimants negotiate to avoid trial, but settlements require an agreement about liability and damages.
If you’re facing the following circumstances, you can file a petition to bring the disagreement before a court to decide who pays and how much:
- When liability is disputed
- When medical records or expert opinions conflict
- When an insurer declines to offer enough to cover your documented losses
Liability Issues
Liability can be especially complicated in multi-vehicle crashes or collisions, especially if there aren’t any clear witnesses or video evidence.
Even so, Missouri follows a pure comparative–fault approach. This means each party will be assigned a percentage of fault. From there, every party’s eligibility for compensation will be reduced in proportion to their assigned degree of fault.
Contact our Kansas city personal injury lawyers now.
Coverage Limitations and Insufficient Policies
Coverage insufficiency is another frequent reason victims of car accidents have to go to court. Missouri requires drivers to carry minimum liability insurance, but the extent of the policy limits might be inadequate when it comes to covering catastrophic injuries.
If the at-fault driver lacks sufficient insurance, claimants commonly sue in pursuit of compensation from other alternatives:
- Subrogation against other parties
- Underinsured or uninsured motorist coverage
- Recovery from an employer or vehicle owner
When multiple policies and limits are involved, judicial allocation or declaratory relief can clarify which insurers must pay and in what order.
Statute of Limitations Considerations
Timing and procedural deadlines also influence the decision to sue. Missouri’s statute of limitations for many personal injury actions is five years from the date of injury, so plaintiffs sometimes file suit before the deadline to preserve their right to litigate if negotiations fail.
Filing does not obligate a party to go to trial, but it preserves claims while discovery, lien resolution, and settlement discussions continue. Filing can therefore be a tactical move that protects your legal rights while settlement efforts proceed.
Practical Benefits of Court Involvement
Practical realities help explain why courts might be involved. Insurance adjusters may delay, investigate, or deny claims while internal reviews proceed. Claimants with urgent bills may need court orders to obtain monetary relief in the interim.
Judges can issue discovery orders, enforce subpoenas, and enter temporary remedies that stabilize a claimant’s financial position while the substantive case is resolved.
For many litigants, the ability to compel evidence and to seek enforceable rulings outweighs the inconvenience of litigation.
Resolving Disputed Facts
A final reason for going to court for a car accident is the nature of certain factual disputes. In many cases, juries and judges are particularly well-suited to resolve credibility contests based on:
- Whose version of events is more believable
- Whether a particular medical procedure was necessary
- If a claimant mitigated damages
Those are questions of fact that documents alone cannot always settle. By presenting professional testimonies and reliable evidence in court, you can receive help from people who can speak to contested issues that would otherwise remain unresolved.
Litigation as a Settlement Catalyst
Filing suit is often strategic rather than adversarial in the context of personal injury cases. Bringing a case to court frequently prompts renewed settlement efforts because the risk of trial exposure and the obligation to participate in discovery create pressure for a realistic resolution.
Reports and practice experience show that a substantial number of personal injury lawsuits settle after a suit is filed. Sometimes, they settle shortly before trial instead, and the litigation process itself is often the catalyst for this outcome.
Contact Our Car Accident Law Firm in Kansas City ASAP to Learn Why You Have to Go to Court for a Car Accident
If you’ve been told your car accident case requires a court appearance, it’s natural to feel anxious or confused. Court proceedings can seem intimidating, but you don’t have to face the justice system all by yourself. Instead, let Kansas City car accident lawyers help you.
At Foster Wallace Personal Injury Lawyers, our attorneys have more than 45 years of combined experience recovering over $1 billion in compensation for our clients. We can help you fully understand the court process and thoroughly prepare your case.
You deserve a fair outcome, and we’re here to walk you through every step of the legal system.
We believe it’s your injury, but it’s our fight, and we’re here to advocate for your legal rights on your behalf.
