Why Would an Alaska Car Accident Claim Go to Trial?


You may get a different impression about Alaska car accidents from ads, TV, and movies, but the truth is that the majority of these cases are resolved through settlement agreement instead of going to court. Because the Alaska Division of Motor Vehicles (DMV) requires motorists to carry designated amounts for minimum auto insurance coverage, settlement is a topic you will usually discuss with the responsible driver’s insurance company.


However, there are still plenty of motor vehicle crash cases that go to trial, so it is possible you will be involved in a lawsuit. The fundamental reason is that you and the insurer cannot reach a settlement, but there are countless specific causes behind this rationale. Your Anchorage, AK car accident attorney will protect your interests regardless of the exact route your case takes, but the following list covers some of the reasons your case may go to trial.


Insurer’s Lowball Offer to Settle

Insurance companies are in business for profit, so they are not likely to pay out whatever amount you request in your claim. Instead, the insurer’s adjuster will try to get you to agree to accept a low amount, keeping an eye on the company’s bottom line. When that amount does not represent fair, reasonable compensation for your losses, you may need to go to court to get what you deserve.


Insufficient or Inconsistent Evidence

The insurer will not pay your claim unless it has sufficient require proof that you are entitled to compensation, which generally centers on two issues:

  • Fault: You need evidence that the responsible driver’s negligence was the reason behind the car accident. If proof is lacking, the insurance company will assert that its own policyholder was not at fault and deny your claim.
  • Injuries: An insurer will require evidence of the severity and nature of your injuries, details of which are contained within your medical records. You will need this proof when requesting payment of your medical bills, as well as for pain and suffering damages.


Your Claim Exceeds the Insurance Policy Value

In severe accidents where your injuries are severe and your losses are high, the amount of your claim may exceed the coverage provided by the responsible driver’s insurance policy. When the insurer relies on this argument to avoid paying your claim, you may need to file a lawsuit to have a court decide.


The Insurer Blames You for the Car Accident 

Alaska follows the rule of comparative negligence, which highlights how your own conduct may have contributed to the crash. If you were at fault, your compensation may be reduced proportionately. Disputes over the facts and amount of fault must often be resolved through litigation.


Contact an Alaska Auto Crash Lawyer for More Information

At Power & Power Law, we strive to obtain the best possible result in a car accident case, whether we are working to resolve your claim through settlement or need to go to court to get the compensation you deserve. To learn more about your rights, please contact our offices in Anchorage, Alaska to schedule a no-cost consultation.