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While it’s unlikely, sometimes car accident claims do need to go to court. Whether it’s because of an argument over who’s at fault or negotiations around the compensation owed, going to court is a last resort when a settlement can’t be agreed.
Our guide will take you through what happens if your car accident claim goes to court, if you’ll need to appear in person and how it can affect the cost of your car insurance quote.
There are typically two main reasons why a car accident claim may end up going to court:
However, even in the above scenarios, only a fraction of car accident claims get to that stage. And if a trial date is arranged, it’s common for the claim to be settled before it reaches court.
If your car accident claim is significant or contentious enough that it can’t be settled by the car insurance providers, you’ll need to file a lawsuit and secure the services of a solicitor.
Your solicitor will then try to negotiate a settlement with the insurance company in question to avoid the claim going to court. However, if a settlement can’t be reached before the trial date, your claim will go to civil court.
In a civil court, there’s no jury. Instead, both sides will present their case to a judge, who will then decide who’s responsible and what’s a suitable level of compensation.
Whether you have to attend court for your car insurance claim will depend on the claim in question.
If the claim is worth less than £25,000, it’s likely your solicitor will appear in court on your behalf. This is called a “fast track” claim.
However, if the claim is classed as “multi-track”, ie it’s a complex claim worth more than £25,000, it’s more likely you’ll need to appear in court.
You may then be asked to formally give evidence related to the motor accident and will be questioned by both your legal representative and the other side’s representative.
For example, if you’ve suffered a serious injury, you may have to talk about how it has negatively affected your life and if you’ve sustained any loss of earnings.
How long the court case will take depends entirely on the complexity and severity of the claim – for example, if medical or police reports need to be created and collected – as well as the availability of the court itself.
If your claim goes to court, you should expect it to take at least a few months for a settlement to be agreed upon, if not longer.
Not only is it possible to settle a car accident claim out of court, but it’s far and away the most likely outcome.
Even if you start the process of taking your claim to court, that doesn’t mean it has to end in a trial. If your legal representation can settle with the provider before the final hearing, the process can be halted before the courts get involved.
If you take your claim to court, the cost of your car insurance will go up at the point of renewal for two main reasons. One, you’ll be seen as more of a risk in the eyes of insurers. And two, you’ll likely have affected any no-claims bonus you’ve built up.
Unfortunately, your car insurance will go up following an accident, even if you don’t go to court. This is because drivers who have been in an accident, regardless of who was at fault, are seen as at a higher risk of being involved in another incident by providers.
Car accident claims aren’t the only reason you could end up in court for driving incidents:
If you were caught driving without insurance and the case was taken to court, you could face an unlimited fine and disqualification from driving.
If you’re caught drink-driving or driving under the influence of illegal substances, you could end up in court, depending on the circumstances. If you do appear in court, you could face up to six months in prison, as well as an unlimited fine and a driving ban lasting at least one year.
You should be aware that you can be charged for driving under the influence if you’re asleep in your car but still over the limit. Punishment for “being in charge of a vehicle” while drunk can include up to three months in prison, a fine of up to £2,500 and a possible driving ban.
If you’re charged with careless or inconsiderate driving, you’ll end up in the Magistrates Court. Careless driving includes:
If you’re charged with dangerous driving, you’ll be prosecuted in the Crown Court. Examples of dangerous driving include:
If you feel your car insurance provider is refusing to pay out for a reasonable claim or believe the wrong decision has been made around who’s at fault for the incident, you can take the company to court.
You should first register a formal complaint with your provider and, if still unsatisfied, the Financial Ombudsman Service before pursuing a claim against your provider in court.
Going to court can be a costly and stressful experience and should only be used as a last resort.
In certain situations, your car insurance provider may take you to court. For example, if the provider believes you’ve committed insurance fraud and wants to pursue its losses, the case could end up in court.
