Q: Do most insurance companies settle out of court
If you're talking in the realm of accidents, many settlements do take place out of court. It could all depend on the case. If both sides are more or less aligned on who is at fault, they agree on their figures for reasonable damages, then they will likely settle out of court. If they can't agree on who is at fault, if they are far apart on their respective figures for damages, if there are complex theories requiring technical or medical experts to convince jurors why something happened a certain way, then the litigants could find themselves locked in for a long trial. For many small cases, both sides often see the sensibility of avoiding long and contentious litigation.
Bruce Alexander Minnick agrees with this answer
A: Yes. Most cases do settle out of court. However, this comes generally from both sides being prepared to go to trial. Insurance companies do not and should not gratitiously settle cases- "just because." They have obtained the necessary information in order to evaluate the case and the other side should have the necessary information to evaluate as well. Based upon this both sides, hopefully with experienced counselors involved can come to a reasoned settlement.
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