It depends. If the negligent driver's insurance company offers a full and fair settlement amount to you, then you will not have to file a complaint in court and start a court case to receive compensation. However, if an insurance company refuses to pay you the amount you are owed under the law, you will have to make the decision whether or not to accept the lower settlement offer or go to court to receive the compensation and justice you deserve. At Labrum Law Firm, we can help you better understand your chances of ending up with a court case, or settling with an insurance company given you specific facts and circumstances.