Colburn Law

Posted by Greg Colburn in Car Accidents on February 14, 2025

Do You Have To Go To Court for a Car Accident?

If you’ve recently been in a crash and find yourself asking Why is my car accident claim going to court, you’re not the only one. It’s a common—and often confusing—situation for many drivers across Seattle and throughout Washington State. What starts as a straightforward insurance claim can quickly take a turn when the other side disputes fault or the insurer offers far less than your damages are worth. Suddenly, what you thought would be resolved with a phone call and a few documents might require court filings and legal arguments.

That shift from negotiation to litigation doesn’t happen overnight, and it doesn’t happen without reason. At Colburn Law, we’ve worked with countless Washington drivers navigating this very problem. We’re here to explain why a car accident claim might head to court, what the process could look like, and how you can prepare yourself for what comes next.

Car Accident Settlement Process

Most car accident claims never see the inside of a courtroom. Things usually kick off with a claim filed against the at-fault driver’s insurer. Both sides gather and review key information—medical records, repair invoices, police reports, and witness statements. If everything lines up and both parties are willing to compromise, a settlement might be reached without a single court appearance.

But what happens when that compromise doesn’t happen? Maybe the insurer disputes who was at fault. Maybe their offer doesn’t even come close to covering your expenses. That’s when people start asking, why is my car accident claim going to court—because it’s often the next move when negotiations stall.

It’s also worth noting that the settlement process isn’t always straightforward. Insurance companies may delay responses, request additional documentation, or challenge the severity of your injuries. These tactics can make it harder to reach a resolution quickly. In these situations, many injured parties feel like their claim is going in circles and decide that filing a lawsuit might be the only way to move forward. That shift from negotiation to litigation is a big one—and it changes the entire tone of the process.

What You Need to Know About a Car Accident Lawsuit in WA

When a claim hits a wall, filing a lawsuit might be the next step. This kicks off with a complaint filed in civil court, followed by discovery—basically, a deep dive where both sides exchange evidence and ask tough questions.

Going to court may be necessary when there are serious disagreements about what actually happened or how badly someone was hurt. As outlined in RCW 46.29.090, legal consequences can follow when accidents involve uninsured drivers or suspended licenses, which might also push a claim into litigation.

Even though most lawsuits settle before trial, preparing for one isn’t a walk in the park. It might mean hiring investigators, consulting medical pros, and making sure every document lines up with Washington’s court procedures. It’s not quick—but for many, it’s the path to fair compensation.

How Witnesses Impact Your Car Accident Case in WA

Witnesses often make or break a car accident case. Their firsthand accounts help paint a clearer picture when stories conflict. Whether it’s someone who saw the crash or a passenger in one of the vehicles, what they say can carry real weight.

In Washington, drivers involved in an accident that results in injury, death, or property damage over a certain amount are generally required to file a written report—unless law enforcement has already done so. According to RCW 46.52.030(1), this report must be submitted within four days to the local police department, county sheriff, or state patrol, depending on where the crash occurred.

This reporting requirement helps create an official record of the incident and may later serve as critical documentation during settlement discussions or litigation. Witnesses may also be contacted during this time to provide statements or testify, depending on how the claim evolves.

If your case ends up in front of a judge, having strong witness testimony—and accurate reporting—could tip the scales.

What to Expect If Your Car Accident Claim Reaches Court

So what does it actually look like when a car accident case lands in court? It often starts with a series of motions and exchanges during the pre-trial phase. This is where both sides lay their cards on the table—sharing documents, reports, and other crucial pieces of evidence.

Expect testimony from drivers, eyewitnesses, and medical professionals. Photos, dashcam videos, or security footage might also come into play.

If no deal is reached during pre-trial talks, the case moves to trial. That’s where a judge—or sometimes a jury—hears both sides and makes the final call. Keep in mind going to court introduces a level of unpredictability. That’s why many parties settle before that day arrives.

In some cases, a trial might be avoided at the last minute thanks to mediation or arbitration—alternatives that can sometimes offer resolution without the formality and pressure of a courtroom. But those outcomes depend heavily on how flexible both parties are, and whether there’s enough evidence to convince the other side to settle.

What Are the First Steps in a Washington Car Accident Lawsuit?

Still, wondering why is my car accident claim going to court? Let’s look at how these cases get started.

Here’s a general overview of the steps involved:

• Filing the complaint: The process kicks off with a formal complaint submitted to civil court. This lays out the facts of the case, who’s being sued, and what kind of resolution is being sought.
• Serving the defendant: Once the complaint is filed, the other driver must be officially notified (“served”) and given time to respond.
• Evidence gathering (discovery): Both sides begin collecting and exchanging key information. This can include medical records, vehicle repair estimates, accident scene photos, and witness statements.
• Depositions and interrogatories: Attorneys ask questions under oath or in writing to clarify each side’s claims and defenses.

At the same time, settlement talks may continue behind the scenes. But make no mistake—both parties are also preparing for trial. Even if your case never reaches a courtroom, approaching it with seriousness and strong documentation may improve your chances of a favorable outcome.

Talk to a Washington Car Accident Lawyer Today

Our team at Colburn Law helps people across Washington navigate this exact situation every day. We’ll walk through the details, talk strategy, and help you decide how to move forward—whether that means settling or going the distance.

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