What Happens If I Can’t Settle My Accident Claim With Other Driver’s The Insurance Company?

What Happens If I Can’t Settle My Accident Claim With Other Driver’s The Insurance Company?

The question many injured people have is, what Happens If I Can’t Settle My Accident Claim With Other Driver’s The Insurance Company?  If you can’t resolve your claim with other driver’s insurance company you will likely have to file a lawsuit against the other driver.  Many people believe that they have toe the insurance company, when that is in fact not the case.  While the other person’s insurance company evaluates and makes an offer to settle your claim, the insurance company is not the one who caused you harm.  It was the driver of the other vehicle.

Filing a lawsuit is time consuming, filled with technical requirements and absent knowledge of the law you should not attempt to file on your own behalf.  You should consult with and hire an experienced personal injury attorney to assist you.

Also expect the process to last up to two years.  The average lawsuit’s life span in Maricopa County is between 18 and 24 months, and even longer since the Covid-19 pandemic.  During the lawsuit there are several stages, the first is the pleading stage.  This is when parties file their initial documents with the Court.  For the Plaintiff it is typically a complaint.  The Defendant may file an answer or a motion to dismiss the lawsuit.  The second stage is the discovery phase.  This is were the parties exchange their legal theories, identify witnesses, exchange relevant documents and conduct depositions.

After the discovery phase the parties will participate in a settlement conference in an attempt to resolve the matter.  This can be done via a court assigned mediator or the parties can participate in a private mediation, where they pay and chose the mediator.

If the parties can’t resolve the matter, then final phase would be a trial.  The parties can either agree to a jury trial or a bench trial (judge makes determination who is the prevailing party).