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

If you’ve been injured in a car accident in Wisconsin, the best-case outcome in this scenario is to receive a fair car accident settlement that allows you to move on with your life. Recovering just compensation after a car accident typically involves dealing with the insurance companies, and most successful insurance claims end with settlements. 


Any time you have an insurance claim after a car accident, there is a chance that you will need to take your claim to court. The insurance companies aren’t required to settle; and, if you don’t receive a fair settlement offer in your case, going to court may be your best (and only) option. 

But, if you receive a car accident settlement offer you are prepared to accept, will you still need to go to court to collect your settlement? 

Most Successful Car Accident Claims Do Not Go to Court 

The short answer is, “No.” If you are able to secure a fair car accident settlement offer, you can resolve your claim without ever setting foot in a courtroom. In this scenario, you will sign a settlement agreement with the insurance company, and then the insurance company will write you a check for the amount it has agreed to pay. Once you receive your settlement check, your claim is over—and there is no need to go to court. 

Of course, the process isn’t just that easy. 

There are several challenges involved in securing a fair car accident settlement. This is especially true when you have a claim for substantial damages. To convince the other driver’s insurance company to offer a fair settlement for your financial and non-financial losses, you will need to:

  • Prove that your car accident was the other driver’s fault;
  • Provide documentation of your medical bills and other out-of-pocket costs; 
  • Provide documentation of your lost earnings; 
  • Demonstrate how much the accident will cost you in the future; and, 
  • Demonstrate what constitutes “just compensation” for your pain, suffering, and other non-financial losses. 

If you don’t take all of these steps, you won’t receive the financial compensation you deserve. But, even if you do take all of these steps, there is still no guarantee that the other driver’s insurance company will offer a fair car accident settlement. If the insurance company disputes liability or disputes the value of your claim for any reason, you may still need to go to court in order to seek the full compensation you deserve. 

How You Can Maximize Your Chances of Obtaining a Fair Car Accident Settlement Without Going to Court 

With this in mind, what can (and should) you do to maximize your chances of obtaining a fair car accident settlement without going to court? To give yourself the best chance of securing just compensation through the insurance claims process, you should: 

1. Prioritize Your Medical Care

While prioritizing your medical care is important for your long-term wellbeing, it is also important for your insurance claim. By seeking treatment promptly and following your doctor’s advice, you can help prevent the insurance companies from blaming you for the costs and complications resulting from your car accident. 

2. Prioritize Talking to a Lawyer

Along with prioritizing your medical care, you should prioritize talking to a lawyer as well. While you aren’t legally required to hire a lawyer to represent you, there are several important ways an experienced lawyer can help when you are dealing with the insurance companies. 

3. Keep as Much Documentation as Possible 

From photos you took at the scene of the accident to copies of your medical records, you should keep as much documentation as possible. Any documentation you have will likely be helpful for proving either: (i) why the accident happened; or, (ii) how much you are entitled to recover. 

4. Keep Documenting Your Losses Going Forward 

Going forward, you should be sure to keep any additional documentation of your accident-related losses. This includes medical records, medical bills, and documentation of your lost income. You should also take notes about how your injuries negatively impact your day-to-day life. 

5. Make Sure You Know What Your Claim is Worth 

Finally, before you make any decisions about whether to accept or reject a car accident settlement offer, you need to make sure you know what your claim is worth. While you don’t want to settle for less than you deserve, you also don’t want to reject a fair settlement offer and end up in court unnecessarily. 

Schedule a FREE Consultation with a Madison Car Accident Lawyer Today 

Do you need to know more about protecting your legal rights after a car accident in Wisconsin? If so, we encourage you to contact us promptly. 

Contact Boller & Vaughan today online or at (608) 268-0268 for a FREE case evaluation. We proudly serve clients in Madison and throughout Wisconsin.