You've been served with a lawsuit over a car accident — here's what to expect

When someone sues you for injuries from a car accident, you are the defendant — the person being sued. The person suing you is the plaintiff. The lawsuit means they are asking a court to order you to pay money for their claimed injuries, medical bills, lost wages, or other damages. This is different from a criminal case; a civil lawsuit is about money, not jail time.

Your first step is to take the lawsuit papers seriously. You will receive a document called a complaint that describes what the plaintiff says happened and what they want you to pay. Along with it comes a summons — a court order telling you that you have been sued and giving you a important date to respond, usually 20 to 30 days depending on your state. Missing that important date can result in a default judgment against you, meaning the court rules in the plaintiff's favor without hearing your side.

Your insurance company needs to know when ready. If you have auto liability insurance, your policy likely covers you for lawsuits arising from accidents. Call your insurer the day you receive the papers. They will assign you a defense attorney at no cost to you, and that attorney will handle the case. Do not ignore the lawsuit or try to handle it alone.

Key Takeaways

  • You must respond to the lawsuit within the important date stated in the summons, usually 20 to 30 days, or the court may rule against you by default.
  • Your auto insurance company should pay for your defense attorney and any settlement or judgment, up to your policy limits.
  • The plaintiff must prove you were at fault for the accident and that their injuries were caused by it — they carry the burden of proof.
  • Most car accident lawsuits settle before trial, often during the discovery phase when both sides exchange evidence and see the strength of each other's case.
  • If the judgment exceeds your insurance limits, you may be personally responsible for the difference, which can lead to wage garnishment or asset liens.

How your insurance company becomes involved

Your auto liability insurance exists partly to defend you in lawsuits. When you notify your insurer of the lawsuit, they will assign a defense attorney from their network of approved lawyers. This attorney works for you, not the insurance company, though the insurer pays the bill. The attorney's job is to defend you in court and negotiate a settlement if possible.

Your insurer will also assign a claims adjuster to the case. The adjuster reviews the accident details, the plaintiff's medical records, and the damages claimed. They determine whether the claim falls within your policy limits — the maximum amount your insurance will pay. If you have $100,000 in liability coverage and the plaintiff is asking for $250,000, your insurer will pay up to $100,000 if they lose, but you could owe the remaining $150,000 out of pocket.

Tell your attorney and adjuster everything you remember about the accident. Be honest about what you did and did not see. Do not discuss the accident with the plaintiff, their attorney, or anyone else except your own attorney. Anything you say can be used against you in court.

What the plaintiff must prove to win

In a civil lawsuit, the plaintiff must prove their case by a preponderance of the evidence — meaning it is more likely than not that you were at fault and that your actions caused their injuries. This is a lower standard than criminal guilt, which requires proof "beyond a reasonable doubt," but the plaintiff still has to show real evidence.

The plaintiff must establish four things: that you owed them a duty of care (which all drivers do), that you breached that duty (drove carelessly or broke a traffic law), that the breach caused the accident, and that the accident caused their injuries. If any one of these fails, the plaintiff loses. For example, if you were speeding but the plaintiff ran a red light and caused the collision, your speeding may not have caused the accident — and the plaintiff's own negligence could reduce or eliminate what they recover.

Your attorney will look for weaknesses in the plaintiff's case. This might include conflicting witness statements, the plaintiff's own traffic violations, medical records showing pre-existing injuries, or gaps in the chain of causation between the accident and the claimed damages. The strength of these defenses affects settlement negotiations and the risk of losing at trial.

The discovery phase — when both sides exchange evidence

Discovery is the period when both sides request documents, medical records, photos, and witness statements from each other. Your attorney will ask the plaintiff for their medical bills, treatment records, wage loss documentation, and any photos or video of the accident scene. You will provide your insurance information, photos of vehicle damage, and your account of what happened.

During discovery, both sides may also take depositions — recorded question-and-answer sessions where the plaintiff, you, witnesses, and medical experts answer questions under oath. A court reporter transcribes everything. Depositions let each side test the other's story and see how credible witnesses appear. They often reveal whether the case is strong or weak, which pushes both sides toward settlement.

Discovery typically lasts three to six months, though it can be longer in complex cases. This is when most settlements happen. Once both sides see the evidence, they usually have a clearer picture of the case's value and the risk of trial. Your attorney will advise you on whether a settlement offer is reasonable or whether you should proceed to trial.

Settlement negotiations and what they mean

A settlement is an agreement where you (through your insurance company) pay the plaintiff a sum of money in exchange for them dropping the lawsuit. Settlements avoid the cost and uncertainty of trial. Most car accident lawsuits settle — trials are expensive, time-consuming, and unpredictable.

Settlement talks usually happen after discovery, when both sides understand the evidence. Your attorney will discuss any settlement offer with you and explain what it means. If your insurance company's offer is $50,000 and the plaintiff is asking for $150,000, your attorney will explain the gap and the likelihood of closing it. You do not have to accept a settlement; you can insist on going to trial. However, if you reject a reasonable offer and lose at trial, you may end up owing more.

When a settlement is reached, the plaintiff signs a release — a legal document stating they will not sue you again over this accident. Your insurance company pays the agreed amount, usually directly to the plaintiff's attorney (who takes a percentage as their fee) or to a medical lien holder if the plaintiff received treatment through a hospital or clinic. Once the check clears, the case is closed.

What happens if the case goes to trial

If settlement fails, the case goes to trial. A judge or jury hears evidence from both sides and decides whether you were at fault and, if so, how much you owe. Trials are public proceedings held in a courthouse. Your attorney will present your defense, cross-examine the plaintiff's witnesses, and argue why the plaintiff has not met their burden of proof.

The trial process includes jury selection (if a jury is involved), opening statements, witness testimony, evidence presentation, closing arguments, and jury instructions. The entire process can take one to three weeks, though some trials are shorter. Your attorney will prepare you for testimony if you must take the stand.

After trial, the judge or jury issues a verdict — a decision on whether you are liable and, if so, the amount of damages. If the verdict exceeds your insurance limits, you are personally responsible for the excess. You can appeal a verdict, but appeals are expensive and rarely succeed unless there was a serious legal error at trial.

What happens if the judgment exceeds your insurance limits

If a jury awards the plaintiff $200,000 and your insurance limit is $100,000, your insurer pays $100,000 and you owe the remaining $100,000. This is called an underinsured situation. The plaintiff can pursue you for the difference through wage garnishment (a court order directing your employer to withhold part of your paycheck) or by placing a lien on your home or other assets.

Some states allow you to file for bankruptcy to manage a judgment you cannot pay, though this has serious long-term consequences for your credit and finances. Other states have homestead exemptions that protect a portion of your home's equity from creditors, or wage exemptions that limit how much can be garnished. The rules vary by state, and your attorney can explain what protections explore to you.

This is why carrying adequate insurance limits matters. A $100,000 policy may seem sufficient until you are sued for $300,000 in medical bills and lost wages. Reviewing your coverage limits after an accident is too late; you should do it before one happens.

How comparative negligence affects your case

Many states follow comparative negligence rules, which means the court can find both you and the plaintiff partially at fault. If you were speeding and the plaintiff failed to yield, you might be found 40% at fault and the plaintiff 60% at fault. In a pure comparative negligence state, you can still recover damages even if you are mostly at fault — the plaintiff's recovery is straightforward reduced by their percentage of fault. In a modified comparative negligence state, you cannot recover if you are 50% or more at fault.

Your state's comparative negligence rule affects settlement value and trial strategy. If you live in a pure comparative negligence state and evidence suggests you are 30% at fault, your attorney may argue for that percentage to reduce the plaintiff's recovery. If you live in a modified comparative negligence state and the evidence is close, the difference between 49% and 51% at fault is enormous — one allows recovery, the other does not.

Ask your attorney which rule applies in your state and how it might affect your case. This shapes how aggressively your attorney will defend you and what settlement offers make sense.

Frequently Asked Questions

Do I have to respond to the lawsuit myself, or can my insurance company handle it?

Your insurance company will assign you a defense attorney who handles the lawsuit on your behalf. You do not file papers yourself or appear in court alone. However, you must cooperate with your attorney, provide information about the accident, and be honest about what happened. Your attorney represents you, not the insurance company.

What if I cannot afford a lawyer?

You do not need to pay for a lawyer if you have auto liability insurance. Your insurer pays for your defense attorney as part of your coverage. If you do not have insurance, you should still contact a personal injury attorney; many work on contingency, meaning they take a percentage of any settlement or judgment rather than charging you upfront.

Can the plaintiff's attorney contact me directly?

Once you have an attorney, the plaintiff's attorney should contact only your attorney, not you directly. If they contact you, tell them you have an attorney and give them your attorney's contact information. Do not discuss the accident or the lawsuit with them. Anything you say can be used against you.

What if I was partially at fault for the accident?

Partial fault does not automatically mean you lose. Your state's comparative negligence rules determine how fault is split. If you are found 30% at fault and the plaintiff 70% at fault, the plaintiff's recovery is reduced by 30%. Your attorney will argue for the lowest percentage of fault supported by the evidence.

How long does a car accident lawsuit usually take?

Most settle within six months to a year. Cases that go to trial can take one to three years from the date you are sued to the final verdict, depending on court schedules and case complexity. Your attorney can give you a more specific timeline based on your state and local court practices.