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

Most car accident cases settle outside court, but there are certain situations where you may need to appear before a judge. Working with a team of New York City car accident lawyers from the start, regardless of who was at-fault, can help you explore your options and minimize the possibility you’ll end up in court. Initial consultations with us are always free.

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Reasons You May Not Have to
Appear in Court for a Car Accident

Sometimes car accidents
proceed in a standard manner. All injured parties seek medical care, cooperate
with the police report, report to the DMV, and contact their respective
insurance companies. Compensation is handled through the no-fault system
without further complication. In these cases, you do not need to involve the
courts.

You may not have to appear in
court after a car accident if:

• You are happy with the
  insurance company’s settlement offer.
• You committed no traffic
  offenses before the accident and the facts are undisputed.
• New York’s no-fault insurance
  system can adequately cover the cost of damage and injuries.
• You have hired a skillful
  lawyer who negotiated an out-of-court settlement on your behalf.

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

Other car accidents can be rather complex and require assistance from a personal injury attorney. If you were not at-fault, rest assured your legal team will try to settle the matter through negotiations outside the courtroom to minimize costs. However, If an agreement cannot be reached, and the prospective payout is substantial, it may become necessary to plead the case before judge and jury.

Some scenarios where you may
have to go to court following a car accident include:

• The insurance company is not
  offering you a fair settlement offer to compensate your losses.
• There is a disagreement as to
  who caused the injuries, the extent of injuries, and the amount owed.
• A police officer issued you a
  citation for a moving violation like speeding or tailgating.
• You failed to fulfill
  reporting requirements on time, as dictated by New York State law.
• You were under the influence
  of drugs or alcohol at the time of the accident.
• Your license was suspended or
  revoked at the time of the accident.

What if I fail to appear in
court after a car accident?

If you were not in the wrong,
the court might summon you as a witness, requesting that you testify regarding
what happened. If you are receiving a summons as a defendant, you will need to
answer the complaint. Even if you think you bear no responsibility for the
accident, you must respond to a court summons promptly.

Failure to appear in civil court can result in the opposing party winning by default, which can lead to a judgement against you for failure to appear or failure to file a pleading. If that occurs, the courts will determine the appropriate restitution you will have to pay, without your interests represented. If the accident involves criminal charges, failure to appear in criminal court will result in a warrant being issued for your arrest.

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What happens if my car
accident case goes to court?

If your car accident case is
one of those rare ones that make it to court, you can expect the following
stages:

• A formal lawsuit is filed.
  The defendant receives notice and time to respond.
• Discovery investigations
  include depositions, interrogations, subpoenas, and court requests.
• Trial preparation involves
  accident investigation, record reviews, legal research, and expert
  consultations.
• Out-of-court negotiations
  attempt to resolve disparities without a judge and jury.
• If no resolution is reached,
  pre-trial hearings, conferences, court appearances, and mediations take place.
• The jury is selected, with
  input from your lawyer, who may be able to dismiss certain biased members.
• In the courtroom, lawyers
  from both sides deliver opening statements and present evidence.
• After closing statements, the
  jury deliberates and reaches a decision.
• A judge makes the final court
  order based on facts and the law.
• Both sides have the
  opportunity to appeal if they disagree with the verdict or court order.

Can a lawyer help if I have
to go to court for a car accident?

While a lawyer isn’t essential to move your case forward through the courts, a legal advocate is recommended. The New York City personal injury lawyers at Douglas & London offer free consultations and contingency-based representation that costs clients nothing upfront or out-of-pocket. You only pay a small legal fee out of the money we recover on your behalf. We work hard to win you the compensation you deserve.