Being Sued After a Car Accident: The Florida Process

When someone sues you over a car accident in Florida, the lawsuit follows a specific path through the court system. You will receive a document called a summons and complaint, which tells you who is suing, why, and how much they are asking for. From that moment, you have a limited time to respond—usually 20 days in Florida—and failing to respond can result in a judgment against you by default, meaning the court decides in the plaintiff's favor without hearing your side.

The defendant in a car accident case is typically the driver at fault, though sometimes the vehicle owner or even an employer can be named. Florida uses a comparative negligence rule, which means the court can find both parties partially at fault. If you are found 30 percent responsible and the plaintiff 70 percent responsible, you would owe 70 percent of their damages. If you are found more than 50 percent at fault, you cannot recover anything from the other party, but you can still be ordered to pay their damages.

Your insurance company will usually handle the defense if the claim is within your policy limits. Your insurer assigns you a lawyer and covers legal costs. However, if the judgment exceeds your policy limits or if your insurer denies coverage, you may need to hire your own attorney and pay out of pocket.

Key Takeaways

  • You have 20 days from receiving the summons and complaint to file a written response with the court, or the plaintiff can win by default.
  • Florida's comparative negligence rule means you can be found partially at fault and still owe damages, even if the other driver shares blame.
  • Your car insurance will typically pay for your legal defense and any judgment up to your policy limits, but you are personally liable for anything above that.
  • The lawsuit process includes discovery (exchanging evidence), possible mediation, and trial if no settlement is reached.
  • A judgment against you can result in wage garnishment, bank account levies, or a lien on your property if you cannot pay the full amount.

Your Insurance Company's Role in the Defense

When you report a car accident to your insurer, they open a claim file and assign an adjuster. If the other party files a lawsuit, your insurer's legal department is notified. Under your policy, the insurance company has a duty to defend you, meaning they must hire an attorney at no cost to you and cover all legal fees. This is true even if they later deny coverage for the damages themselves.

Your assigned attorney works for the insurance company, not directly for you. This creates a potential conflict if your insurer wants to settle for less than you think is fair, or if the judgment might exceed your policy limits. In those situations, you have the right to hire your own lawyer at your own expense to protect your interests. Many defendants do this when the lawsuit amount is close to or exceeds their policy limits.

If the final judgment is higher than your policy limits, your insurer pays only up to the limit. You are personally responsible for the remainder. For example, if your policy limit is $100,000 and the judgment is $150,000, your insurer pays $100,000 and you owe $50,000.

The Discovery Phase and What You Must Provide

After you file your response to the complaint, both sides enter discovery—the formal process of exchanging evidence. The plaintiff's attorney will send you written questions called interrogatories, requests for documents, and possibly a notice to appear for a deposition, where you answer questions under oath.

You must provide truthful answers and hand over relevant documents: your insurance policy, the accident report, medical records if you were injured, repair estimates, photos of the vehicles, and communications with the other party. Your attorney will help you prepare and may object to questions that are improper or overly broad. Lying during discovery or hiding documents is a serious violation that can result in sanctions, additional penalties, or even criminal charges.

The plaintiff will also provide their evidence: medical bills and records, lost wage documentation, repair invoices, and their own account of the accident. Your attorney uses this information to assess the strength of their case and to prepare your defense. If the evidence strongly favors the plaintiff, your attorney may recommend settlement. If it favors you, they may recommend proceeding to trial.

Settlement Negotiations and Mediation

Most car accident lawsuits in Florida settle before trial. Settlement negotiations can happen at any point—during discovery, before trial, or even during trial itself. Your insurer's attorney will typically handle initial settlement discussions with the plaintiff's attorney. If both sides are willing to negotiate, they may agree to a number that falls between what the plaintiff is asking for and what the defendant is willing to pay.

Many Florida courts require mediation before trial. A neutral third party, the mediator, meets with both sides and helps them reach a settlement. Mediation is not binding—either side can walk away—but it often produces results because both parties hear the other side's arguments and understand the risks of going to trial. If mediation fails, the case proceeds to trial.

Your insurer will not settle without your consent if the settlement amount is close to or exceeds your policy limits, because you would be responsible for any overage. In those cases, you have the right to attend settlement conferences and have input on whether to accept an offer.

Going to Trial in Florida

If settlement is not reached, the case goes to trial. In Florida, you have the right to a jury trial in most civil cases, though you can waive that right and have a judge decide instead. At trial, the plaintiff's attorney presents their case first, calling witnesses and introducing evidence. Your attorney then presents your defense, which might include evidence that you were not at fault, that the plaintiff's damages are overstated, or that the plaintiff shares responsibility for the accident.

The jury or judge must decide whether you are liable and, if so, how much you owe. The burden of proof in a civil case is preponderance of the evidence, meaning the plaintiff must show it is more likely than not that you are at fault. This is a lower standard than the criminal standard of "beyond a reasonable doubt."

Trial can last from one day to several weeks depending on the complexity of the case. Your attorney will prepare you to testify, and you should expect the plaintiff's attorney to challenge your account of the accident. After both sides present their cases, the jury or judge deliberates and issues a verdict. If the verdict is against you, you can appeal, though appeals are expensive and the grounds for appeal are limited.

What Happens After a Judgment Against You

If the court issues a judgment against you, the plaintiff becomes a judgment creditor and you become a judgment debtor. The judgment is a court order requiring you to pay a specific amount. Your insurer will pay up to your policy limits. If the judgment exceeds your policy limits, the creditor can pursue collection against you personally.

Collection methods in Florida include wage garnishment, where the creditor obtains a court order requiring your employer to withhold a portion of your paycheck; bank levies, where the creditor freezes and seizes funds from your bank account; and property liens, where the creditor records a lien against your home or other real property. The creditor cannot take your primary residence through forced sale in Florida, but the lien remains on the property and must be paid if you sell.

You can request a payment plan or ask the court to reduce the judgment if you can show financial hardship, but the creditor is not required to agree. A judgment typically remains enforceable for 20 years in Florida and can be renewed. Bankruptcy is an option if you have significant debt, but it is a serious step with long-term consequences and should only be considered with legal information.

Protecting Yourself: Limits and Liability

Your car insurance policy includes liability coverage, which pays for injuries and property damage you cause to others. Florida's minimum liability limits are $10,000 for property damage and $10,000 per person / $20,000 per accident for bodily injury. These minimums are very low and often insufficient in serious accidents. If you carry only the minimum and cause a major accident, you could face a judgment far exceeding your coverage.

Increasing your liability limits is one of the most cost-effective ways to protect yourself. Raising your limits from the minimum to $100,000 per person / $300,000 per accident typically costs only $10 to $30 more per month. An umbrella policy provides additional liability coverage above your auto policy limits and is relatively inexpensive for the protection it offers.

If you are sued and your insurer denies coverage—for example, because you were driving under the influence or the accident occurred while using the vehicle for commercial purposes—you lose the protection of your policy and must pay for your own defense and any judgment. Understanding what your policy covers and what it excludes is essential.

Frequently Asked Questions

What should I do when ready after receiving a summons and complaint?

Do not ignore it. Contact your insurance company right away and provide them with the summons. Your insurer will assign you an attorney. Do not discuss the accident with anyone except your lawyer, and do not post about it on social media. Your attorney will file your response within the 20-day important date.

Can I be sued even if the police report says the other driver was at fault?

Yes. A police report is not binding on a civil court. The plaintiff can still sue and argue that you were at fault or partially at fault. The police report is evidence, but the judge or jury makes the final information based on all the evidence presented at trial.

What if I cannot afford to pay a judgment?

The creditor can pursue wage garnishment, bank levies, and liens on property. You can request a payment plan or ask the court to modify the judgment based on financial hardship. Bankruptcy is an option in severe cases, but it has serious long-term consequences and should be discussed with a bankruptcy attorney.

Will a settlement or judgment appear on my driving record?

No. A civil judgment does not appear on your driving record. However, it will appear on your credit report and civil court records. Your insurance rates will likely increase after an at-fault accident, regardless of whether it is settled or goes to judgment.

Can my insurance company settle without my permission?

Your insurer can settle within your policy limits without your consent, but if the settlement approaches or exceeds your policy limits, you have the right to be involved in settlement decisions because you would be liable for any overage. Your attorney should inform you of all settlement offers.