Why is my car accident claim going to court?
Only around 2–3% of car accident claims in the UK end up in court, usually because liability is disputed or settlement negotiations fail.
Most car accident claims are resolved through negotiation between insurers or solicitors without the need for a judge. The court becomes involved when the parties cannot agree on who was at fault, the level of compensation, or when the evidence is unclear. Even then, many cases settle before the hearing date.
Statistics help put this in perspective. In Q1 2025, the County Courts dealt with about 440,000 money and damages claims, but only a fraction involved personal injury. Scotland shows a similar pattern, with just 4% of personal injury cases reaching trial. For the vast majority of claimants, court is the exception, not the rule.
In this article, we’ll explain what it means if your claim is heading to court, why some cases get that far, and what you can expect from the process.
What does it mean if a car accident claim goes to court?
If your car accident claim goes to court, it means the dispute could not be settled through negotiation and a judge will decide the outcome.
This doesn’t necessarily mean a full trial with witnesses and cross-examination. Many claims are listed for hearings but settle beforehand once the court timetable prompts both sides to act. Court involvement simply signals that insurers or solicitors have failed to reach agreement on key issues such as liability or compensation.
In the UK, cases are assigned to different tracks depending on value and complexity. Road traffic accident claims under £5,000 are usually handled through the small claims track, claims between £5,000 and £25,000 go to the fast track, and those above £25,000 or involving complex injuries enter the multi-track. Recent data shows that in early 2025, around 67% of money and damages cases were allocated to the small claims track.
Understanding this process helps claimants see that “going to court” is often a structured step in resolution, rather than a sign of impending trial drama.
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Get QuotesHow do car accident claims usually get settled without court?
The vast majority of car accident claims are settled through negotiation between insurers or solicitors, without ever reaching a courtroom.
When liability is clear and evidence is strong, insurers usually agree to cover the costs of repairs, medical treatment, and compensation. Solicitors may become involved in valuing injuries or negotiating settlements, but their aim is typically to resolve matters without litigation.
Industry data highlights just how rare court involvement is. Across the UK, only about 2–3% of personal injury claims are resolved in court, with the rest concluded through pre-court settlements or alternative dispute resolution. The introduction of whiplash reforms in recent years has also reduced the number of smaller injury claims progressing to hearings.
This reflects the reality for most drivers: insurers and legal representatives have strong incentives to settle early. Going to court can be expensive and time-consuming, so both sides usually seek agreement long before a judge becomes involved.
Do all car accident claims end up in court?
No. Only a small percentage of car accident claims end up in court, with the majority resolved through settlements between insurers.
Recent figures show that in England and Wales, only around 2–3% of personal injury claims are settled in court. In Scotland, the proportion is slightly higher at about 4%. These statistics underline how unusual it is for a claim to require a judge’s decision.
The low numbers reflect how effective negotiation usually is. Strong evidence, clear liability, and cooperative insurers all contribute to early resolution. Court action is generally seen as a last resort, pursued only when there is no realistic prospect of agreement.
For most claimants, this means court proceedings are unlikely. While the possibility exists, particularly in disputed or high-value cases, the overwhelming majority of drivers will see their claims concluded without ever stepping into a courtroom.
Why might a car accident claim go to court?
Car accident claims usually go to court when there is disagreement about who was at fault or how much compensation should be paid.
The most common reason is disputed liability. If each driver’s insurer blames the other, and evidence such as witness accounts or CCTV is unclear, the matter may need to be decided by a judge.
Another frequent trigger is disagreement over damages. Compensation can range from a few hundred pounds for minor injuries to well over £1 million for severe or life-changing cases. If the parties cannot agree on a fair valuation, the claim may escalate to court.
Other reasons include:
- Lack of evidence: where supporting documents or medical records are incomplete.
- Complex injuries: particularly those requiring long-term care or involving multiple experts.
- Insurer refusal: if an insurer denies liability altogether or contests the policy terms.
Court is therefore not the default, but it becomes necessary when negotiation alone cannot resolve the dispute.
How do courts decide on car accident claims?
Courts decide car accident claims by reviewing evidence, hearing from witnesses, and applying legal guidelines to determine liability and compensation.
The process begins with case allocation. Smaller claims, such as straightforward road traffic accidents under £5,000, go to the small claims track. Mid-value claims up to £25,000 are heard on the fast track, while more complex or high-value cases are assigned to the multi-track. In early 2025, around 67% of money and damages claims were managed on the small claims track, showing most disputes are dealt with at a lower level.
Judges assess the credibility of witness testimony, medical reports, and accident evidence such as photos or police records. For injury claims, they use the Judicial College Guidelines to estimate compensation ranges. This ensures that awards are broadly consistent across similar cases.
Ultimately, the court’s role is to make an impartial decision when negotiation has failed. For claimants, this means preparing documentation carefully and relying on expert input to strengthen their position.
What should you do if your claim is heading to court?
If your car accident claim is going to court, you should prepare thoroughly, seek legal advice, and ensure your evidence is well organised.
Most claimants instruct a solicitor, often on a no win, no fee basis. A solicitor will guide you through the process, prepare court documents, and represent you at hearings. They will also help gather supporting evidence, such as medical assessments, witness statements, and accident reports.
It’s important to keep all correspondence, receipts, and records relating to your claim. Courts place weight on documentary evidence, and having everything organised reduces the risk of delay. You may also be asked to attend an independent medical assessment, particularly if your injuries are disputed.
Remember, many cases settle before the final hearing. Court involvement doesn’t necessarily mean a drawn-out trial, but preparation ensures that if the matter does reach a judge, you present the strongest possible case.
Final thoughts
Most car accident claims in the UK never reach a courtroom, but when they do, it’s usually because liability or compensation is in dispute.
Statistics confirm how rare trials are: only 2–3% of personal injury claims in England and Wales end up in court, with Scotland reporting about 4%. The vast majority are resolved through negotiation between insurers or solicitors.
Court involvement isn’t always negative. For some claimants, it’s the only way to secure a fair outcome when evidence is contested or insurers refuse to settle. Understanding the reasons a claim might progress to court, and preparing thoroughly, ensures you’re not caught off guard if your case becomes one of the few that requires judicial decision.
Frequently Asked Questions (FAQs)
It can take several months to over a year, depending on the complexity of the case and court availability.
Yes. If liability and compensation are agreed, the case is settled out of court and no hearing is needed.
If you win, the defendant’s insurer usually covers your legal costs. If you lose, costs may fall to you unless protected by insurance or a no win, no fee agreement.
It’s strongly advised. A solicitor ensures evidence is presented correctly and that your case complies with court procedure.
You won’t receive compensation, and you may be ordered to cover some of the other party’s legal costs.
No. Most whiplash claims are resolved through fixed-tariff compensation schemes and rarely reach trial.
Yes. Many claims settle at the last minute, even after a court date is set, often prompted by legal deadlines.
Not automatically. The court awards based on evidence and guidelines. In some cases, a judge may award more than an insurer offered, but outcomes vary.