What Happens If Your Personal Injury Case Does Not Settle?

If you have been involved in a car accident, you may be in the process of filing a personal injury claim with your insurance company (or the insurer of the person who caused the accident).  Maybe you are trying to collect damages to cover your medical bills or money to pay for the auto repair needed to fix your car, and you are trying to negotiate a settlement value with them.

A Thousand Oaks car accident attorney may be able to help you through this process, especially if the insurance company does not meet the settlement value you requested and does not want to settle the case. If you and the insurance company cannot agree on a settlement value, you and your attorney may need to begin the process of litigation. In most cases, you would bring the suit against the person, persons, or company responsible for causing the accident that led to your injuries, not the insurance company itself. However, there is an exception when the case involves in an uninsured or underinsured motorist.

Your Thousand Oaks car accident attorney may advise you hold off on filing lawsuit for some time, in the hopes that the insurer will raise its evaluation of your insurance claim. However, if the two parties are so far apart regarding the expected settlement value that settlement is unlikely, it may be necessary to begin the process of litigation.

There are several reasons your case might not settle. It might simply be that you and your Thousand Oaks car accident attorney are demanding more money than what the insurance company feels the case is worth. It also may be that the insurance company denies liability for the accident or believes that you or some other third party is at least partially responsible for the injuries; this mitigates the amount of liability that the insurance company holds. Some insurance companies, due to internal policies or corporate culture, often resist settling any cases and prefer to make claimants go through the process of a lawsuit. Or perhaps they’re simply stalling for time and hoping you will lower your demands.

If you want help navigating a personal injury lawsuit with your insurance company, get the help of an experienced Thousand Oaks car accident attorney. For a free consultation with a dedicated car accident attorney in the Thousand Oaks area, contact Gary Mitchell today.

4195 East Thousand Oaks Blvd Suite 240A
Westlake Village, California 91362

Phone: (805) 449-4243
Fax: (805) 449-4245