Court statistics published by the Judicial Council of California reinforce the notion that the overwhelming majority of automobile accident insurance claims are disposed of by settlement. The 2017 Court Statistics Report, http://www.courts.ca.gov/13421.htm, reveals:
- There were a total of 712,299 civil filings during the fiscal year 2016, down from the 1,150, 026 cases in 2010 (2017 CSR, Data for Figures 3-16, p. 95.)
- Of the total civil filings in the fiscal year 2016, 201,390 were unlimited civil cases (recovery sought $25,000 or more), 352,562 were limited civil cases (recovery sought less than $25,000, except small claims matters), and 158,347 were small claims matters. (2017 CSR, Data for Figures 3-16, p. 95.)
- 145,044 out of 201,390 (80%) unlimited civil cases were disposed of before trial; 37,237 (20%) were disposed of after trial. An even higher percentage of limited civil cases were disposed of before trial (316,806 cases – 91%); and 25,465 limited civil cases were disposed of after trial (7%); 63,383 small claims cases were disposed of (42%) before trial; 87,459 (58%) small clams cases were disposed of after trial. (2017 CSR, Figure 21, pp. 67, 97.)
- 35,100 motor vehicle (Personal Injury/Property Damage/Wrongful Death) cases (“MVA Cases”) were filed in 2016, compared to 29,945 in 2010. (2017 CSR, Data for Figures 3-16, p. 95.) Filings in only 7 counties made up roughly seventy percent of the total number of MVA Cases: (1) Los Angeles County: 13, 681 filings; (2) Orange County: 2,863 filings; (3) San Diego County: 2,594 filings; (4) Sacramento County: 1,767 filings; (5) San Bernardino County: 1606 filings; (6) Riverside County: 1512 filings; (7) Ventura County: 714 filings. (2017 CSR, Table 4a, pp. 113-114.)
- Roughly eighty-nine percent (31,145 filings) of MVA Cases filed were disposed of before trial. The pre-trial disposition rate for the counties making up seventy percent of MVA filings ranges from 85% to 93%: (1) Los Angeles County: 11,700 out of 13,681 (85%); (2) Orange County: 2668 out of 2,863 (93.1%); (3) San Diego County: 2,420 out of 2,596 (93.2%); (4) Sacramento County: 1527 out of 1,767 (86%); (5) San Bernardino County: 1462 out of 1606 (91%); (6) Riverside County: 1410 out of 1512 (93.2%); and (7) Ventura County: 631 out of 714 (88%). (2017 CSR, Table 5c, pp. 121-122.)
- Only one percent or 574 MVA Cases were reportedly disposed of after trial, of which 350 were tried to a jury and 224 to the court. The greatest number of cases were disposed of after trial in Los Angeles County: (1) Los Angeles County: 171; (2) Orange County: 68; (3) Sacramento County: 68; (4) San Diego County: 58; (5) Ventura County: 34; (6) San Bernardino County: 19; and (7) Alameda County: 18. (2017 CSR, Table 5c, pp.121-122.)
In sum, the relatively low number of annual MVA Cases filed in California, roughly 35,000 cases in 2016 per the 2017 CSR compared to the much greater number of total claims suggests the overwhelming majority of automobile insurance claims are settled without resort to litigation. The low percentage (1%) of MVA Cases disposed of after trial is indicative of a high settlement rate for those claims that end up in litigation as well.
No portion of the above is intended to constitute legal advice or serve as a substitute for getting competent legal advice. Average Insurance Settlement is not a law firm or engaged in the practice of law in any jurisdiction.