Yes, right. Y'know, I thought about that over dinner and was going to edit my post.
I think court action is a good thing because then there's an incentive to try and prevent these collisions from happening.
I settled about 10 years ago over a collision and made quite a pretty penny, but I still would have prefered to not have had the collision, no matter how much money I made. I'm sure the insurance company didn't care about me, but didn't like to lose the money.