Home Do I Really Have to Go to Court After a Car Accident?

Do I Really Have to Go to Court After a Car Accident?

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September 6, 2025Sarah Park

Settling car accident case without going to court

If you’ve been in a car accident and are talking to insurance adjusters – or maybe even a lawyer – you might be dreading the next question:

“Will I have to go to court?”

Short answer? Probably not. Long answer? Let’s walk through it.

1. Most Cases Settle Before They Ever Get Near a Courtroom

About 95% of personal injury cases settle out of court. That means you’ll likely reach an agreement with the insurance company (or the other side’s lawyers) without ever stepping in front of a judge.

Why? Trials are time-consuming, expensive, and unpredictable for everyone. Insurance companies usually prefer to settle, and so do most clients.

2. When Might You Actually Have to Go to Court?

Empty courtroom setup with jury box and bench

Sometimes, a trial is the only way to get fair compensation. You might end up in court if:

The insurance company refuses to make a reasonable offer
They deny fault altogether
There’s a huge disagreement about how badly you’re injured

Even then, it’s often months (or years) before a trial date arrives — and settlements can still happen at the last minute.

3. What’s It Like If You Do?

Lawyer explaining court process to client

If it comes to that, court isn’t as dramatic as TV shows make it seem. Instead of the fast-paced, intense scenes of Law & Order, expect waiting around, reviewing documents, and working with your lawyer.

Your attorney will handle the majority of the work—questioning witnesses, presenting evidence, and making arguments.

Your role? Tell your story clearly and honestly while your lawyer stands by your side.

4. Can You Avoid Court Altogether?

While you can’t fully control whether the insurance company agrees to a fair settlement, there are things you can do to improve your chances of avoiding court:

Keep thorough records (photos, medical bills, doctor visits)
Follow your medical treatment plan to show your commitment to recovery
Avoid posting on social media anything that could be misinterpreted or used against you
And most importantly, hire a lawyer early on—having legal representation signals you’re serious about getting a fair deal, which can encourage better settlement offers.

Final Word: Don’t Let Court Fears Stop You

The idea of testifying in court can be intimidating, but the odds are high that you won’t have to. And if you do, your lawyer will be with you every step of the way.

At DK Law, we strive to resolve cases as quickly and fairly as possible, but if a trial is necessary to get you what you deserve, we’re ready to fight for you.

About the Author

Sarah Park

Sarah Park specializes in creating clear, engaging legal content that helps clients understand their rights in both Korean and English. She earned her bachelor’s degree at Ewha Womans University in Seoul, majoring in business and philosophy.