Sued After a Car Accident: What to Do When You're Served

If you have been served with a lawsuit after a car accident, do two things today: send a copy of every page to your auto insurance company, and find the deadline to respond, which is printed on the summons. Your liability coverage generally pays for a lawyer to defend you, but only if the insurer knows about the suit in time. If nobody files a response by the deadline, the person suing you can ask the court for a default judgment and win without a contest.

Being sued is common after a crash, especially when someone was hurt and the insurance claim did not settle. It does not mean you did anything criminal, and in most cases the insurer, not you, handles the defense and pays any settlement or judgment up to your policy limits.

What you were served with

You will usually receive two documents, sometimes with others attached:

• The summons. A court form that names the court, the case number, the parties, and the time you have to respond. It is the most important page in the packet.
• The complaint (or petition). The other side's version of what happened and what they want. It names the plaintiff (the person suing) and the defendant (you, and sometimes the owner of the car or your employer).

Write down the date and the way you received the papers: handed to you, left with someone at your home, mailed, or another method. The deadline is often counted from the date of service, and in some courts the method of service changes the number of days.

Step 1: Send the suit to your insurer today

Most auto policies have a section called something like "Duties after an accident or loss." It typically requires you to send the insurer copies of any legal papers promptly. Late notice can give the insurer a reason to question coverage, so do not wait until you have read everything.

The NAIC's consumer guide explains that liability insurance "will pay the cost of an attorney to protect you if you're sued." This is often called the insurer's duty to defend. In practice:

1. Call the claims number on your insurance card and say you have been served with a lawsuit. Give the claim number from the original crash if you have one.
2. Email or upload a copy of every page, including the summons, the complaint and any attachments. Keep the originals.
3. Ask for written confirmation that the insurer received the papers, who will defend you, and how to reach that lawyer.
4. Write down the name of everyone you speak with and the date.

If the car belonged to someone else, or you were driving for work, send the papers to every policy that might apply: the owner's insurer, your own, and your employer. If you also have an umbrella policy, notify that company too.

Step 2: Find your deadline to respond

The response is usually a document called an answer, although some courts allow other responses, such as a motion. Deadlines vary by state, by court, by case type and by how you were served. The general range is roughly 20 to 30 days, but some are shorter or longer. Here is what official court sources in a few large states say:

State	What the official source says	Source
California	An answer is "generally" due within 30 days after you were served.	California Courts Self-Help Guide
Texas	In most cases, you have 20 days, counted from the day you were served, plus until the following Monday at 10 a.m. Weekends and holidays count.	Texas Court Help
Florida	A standard summons form used by the Miami-Dade County Clerk tells defendants to respond within 20 days after service, not counting the day of service. Longer periods apply in some cases involving the state.	Miami-Dade Clerk summons form
New York	You generally need to answer within 10 to 35 days, depending on how you were served and which court the case is in.	NY Courts, Ask a Law Librarian

For every other state, and for your exact deadline in these states, read your summons. It states the time to respond for your case. If anything is unclear, call the court clerk or your court's self-help center. They cannot give legal advice, but they can usually tell you how the deadline is counted.

Do not assume the insurer's lawyer has filed something. Ask for a copy of the answer once it is filed, or check the court's online docket if it has one.

The risk of doing nothing: default judgment

If no response is filed in time, the plaintiff can ask the court for a default judgment. The Texas courts explain that a default judgment means the person who filed the case generally wins without any contest. California's self-help guide adds that once a default is entered, the court will not let you file an answer and can decide the case without you.

A judgment can be enforced in ways that affect your finances for years, depending on state law. Courts sometimes set aside a default, but that takes a motion and a good reason, and it is not guaranteed. Responding on time is much easier.

If you think the deadline has already passed, act today. Call your insurer and the court clerk, and ask whether a default has been entered. The California guide notes that if no default has been entered, you may still be able to file an answer.

When the claim may be bigger than your policy limits

Your liability coverage pays up to the limits on your declarations page. If the plaintiff is asking for more, you may receive an excess letter from your insurer. It usually says the claim could exceed your limits, that you could be personally responsible for the excess, and that you may hire your own lawyer at your own expense.

An excess letter is not a sign that the insurer is abandoning you. It is a warning that your own money could be at stake. Consider these steps:

• Talk to a lawyer you hire yourself. Your own lawyer can watch the case for your interests, including whether a settlement within your limits is being offered and handled properly.
• Ask your insurer in writing whether the plaintiff has made any offer to settle within your limits, and ask to be kept informed of every offer. Plaintiffs sometimes send a time-limited demand, which has a short deadline.
• Check for other coverage, such as an umbrella policy or a policy on the car's owner.

You may also receive a reservation of rights letter. That means the insurer is defending you but may later argue that the policy does not cover the claim, for example because of an exclusion. If you get one, it is a good time to have your own lawyer review the letter and the policy.

The lawyer your insurer hires

When the insurer accepts the defense, it typically hires and pays a defense lawyer for you. That lawyer represents you in the case. You still have duties:

• Cooperate. Answer the lawyer's questions honestly, return calls and sign documents on time.
• Show up for depositions, mediation, hearings and trial dates when your lawyer says you are needed.
• Do not talk to the plaintiff or their lawyer about the case. Send any contact to your defense lawyer.
• Do not post about the crash or the lawsuit on social media.
• Keep everything: photos, the police report, texts, dashcam footage and repair records. Deleting evidence can hurt you.

Ask your defense lawyer to explain each stage. Many car accident suits settle before trial, but the timeline can be months or years, and each case is different.

If you had no insurance, or the insurer refuses to defend

If you had no coverage, or the insurer says the policy does not apply, you will need to respond yourself or through a lawyer you hire. Options include:

• A private lawyer. Ask about fees up front. Defense work is usually billed hourly, not on contingency.
• Legal aid or a court self-help center, if you qualify. Self-help centers can explain forms and procedure.
• Filing an answer yourself (representing yourself, or "pro se"). Many state court sites have answer forms and instructions.

If the insurer denies coverage, ask for the denial and the policy language it relies on in writing. You may be able to dispute it with the insurer or through your state's department of insurance, and a lawyer can tell you whether the denial is open to challenge.

Mistakes that make a lawsuit worse

• Throwing the papers away because you believe you were not at fault. Fault is decided in the case, not by ignoring it.
• Assuming that telling the adjuster about the crash months ago is the same as sending the suit papers. Send the suit papers.
• Contacting the plaintiff to apologize or explain.
• Signing anything from the plaintiff's side without your lawyer.
• Missing a court date because you moved. Give the court and your lawyer your current address.

Your first-week checklist

• ☐ Write down the date and method of service
• ☐ Send every page to your auto insurer and any other policy that may apply
• ☐ Get written confirmation and the defense lawyer's contact details
• ☐ Find the response deadline on the summons and put it on your calendar
• ☐ Confirm that an answer has been filed before that date
• ☐ Read any excess or reservation of rights letter carefully, and consider your own lawyer
• ☐ Save all evidence and stop posting about the crash

Where to go from here

If you also have an injury or property claim of your own from the same crash, it may have its own deadline; the statute of limitations guide and the filing deadline calculator explain how those work. To understand how shared fault can affect what you might owe, see comparative fault explained. If the other side offers to settle, read what to check before signing a settlement release. For help choosing a lawyer, see how to choose and verify a lawyer, and look up legal terms in the glossary.