You will likely receive a summons and complaint, then have a important date to respond

When someone sues you over a car accident in Florida, you will receive formal papers — usually a summons and complaint — either by a process server, certified mail, or sometimes by email if the court allows it. The summons tells you that you are being sued and gives you a important date to respond, typically 20 days from the date you receive it. The complaint describes what the other person claims happened and what they want from you (usually money for medical bills, vehicle damage, lost wages, or pain and suffering).

You must take this important date seriously. If you do not respond by the date on the summons, the court can enter a default judgment against you, meaning the other side wins automatically without a trial. A default judgment can lead to wage garnishment, bank account levies, or a lien on your property. Ignoring the papers does not make the case go away.

Your first step is to notify your car insurance company when ready, even if you think the accident was the other person's fault. Your insurance policy likely includes a duty to defend you, meaning the insurance company will hire a lawyer to represent you at no cost to you. This is true whether you believe you were at fault or not.

Key Takeaways

  • You must respond to a summons within 20 days or the court can enter a default judgment against you without a trial.
  • Tell your insurance company about the lawsuit right away — they will usually hire a lawyer to defend you for free under your policy.
  • Your response will likely be an answer that either admits or denies the allegations, and may include affirmative defenses that shift responsibility to the other party.
  • Discovery is the phase where both sides exchange documents, photos, medical records, and witness statements before any settlement or trial.
  • Most car accident cases settle before trial, often during mediation, but you should understand what a trial would look like if settlement talks fail.

How your insurance company's lawyer will handle your defense

When you notify your insurance company, provide them with the summons, complaint, and any other documents you received. Include the date and time of the accident, the other driver's information, and the names of any witnesses. Your insurance company will assign a lawyer from their panel of defense attorneys — you do not choose this lawyer, but you have the right to communicate with them and ask questions about your case.

The insurance company's lawyer works for you during the lawsuit, but the insurance company is paying the bill. This creates a potential conflict if the case involves a claim that exceeds your policy limits (for example, if the other person is asking for $500,000 and your policy limit is $100,000). In that situation, you may want to hire your own lawyer at your own expense to protect your personal assets. For most accidents, though, the claim stays within policy limits and the insurance company's lawyer handles everything.

Your lawyer will file your response to the complaint, usually called an answer. In the answer, you will admit or deny each allegation in the complaint. You may also raise affirmative defenses — legal arguments that say even if what the other person claims is true, you should not have to pay because of some other fact or law. For example, you might argue that the other driver was partially at fault under Florida's comparative fault rules, which would reduce what you owe.

What happens during discovery and investigation

After you file your answer, both sides enter the discovery phase. This is when lawyers exchange information: police reports, photos of the accident scene and vehicle damage, medical records, bills, wage statements, witness statements, and sometimes video footage from traffic cameras or dashcams. Each side can also send written questions (called interrogatories) and requests for documents. You may be asked to sit for a deposition, where the other side's lawyer asks you questions under oath about the accident, your injuries, your medical treatment, and your damages.

Your insurance company's lawyer will prepare you for your deposition and will be present during it. They will also investigate the accident independently — gathering police reports, interviewing witnesses, obtaining medical records, and sometimes hiring accident reconstruction experts if liability is unclear. The goal is to build a factual record that either shows you were not at fault, or that the other person was partially at fault, which reduces your liability under Florida law.

Discovery typically lasts several months. During this time, your lawyer and the other side's lawyer may exchange settlement demand letters. The other side will send a demand for a specific dollar amount; your lawyer will respond with a counteroffer. These negotiations often lead to settlement before trial.

Understanding comparative fault in Florida

Florida uses a comparative fault rule, which means that even if you were partially at fault for the accident, you can still be found liable — but only for your percentage of fault. For example, if a jury finds you 40% at fault and the other driver 60% at fault, and the total damages are $100,000, you would owe $60,000 (60% of the damages). However, if you are found to be more than 50% at fault, you cannot recover anything from the other side, but you can still be ordered to pay their damages.

This rule affects how your lawyer will defend you. Rather than arguing you were zero percent at fault, your lawyer may focus on proving that the other driver was primarily responsible. For instance, if the other driver ran a red light, your lawyer will gather evidence of that — witness statements, traffic camera footage, the police report — to show the other driver's negligence. Even if you were speeding or distracted, the other driver's violation may be more serious, which could shift more fault to them.

What mediation and settlement negotiations look like

Many Florida courts require mediation before trial. Mediation is a meeting with a neutral third party (the mediator) where you, your lawyer, the other side, and their lawyer try to reach a settlement. The mediator does not decide the case; they help both sides understand each other's positions and find common ground. Mediation usually happens in a conference room or via video call and typically lasts a few hours.

During mediation, your lawyer will present your case to the mediator and explain why the other side's demand is too high or why their injuries and damages are overstated. The mediator will then meet privately with each side and carry offers back and forth. Your lawyer will advise you on whether to accept a settlement offer. You have the final say — your lawyer cannot settle the case without your permission.

If mediation does not result in a settlement, the case moves toward trial. However, settlement negotiations can continue right up until trial begins, and many cases settle during jury selection or even during trial itself when both sides see how a jury is reacting to the evidence.

What to expect if the case goes to trial

If settlement talks fail, your case will be tried before a jury (or a judge, if both sides agree). At trial, the other side presents their evidence first — witness testimony, medical records, photos, and informed opinions about your liability and their damages. Your lawyer will cross-examine their witnesses and challenge their evidence. Then your lawyer presents your defense: witness testimony (possibly including your own), evidence about the accident, and informed testimony if needed.

The jury hears both sides and then decides whether you were negligent, whether your negligence caused the other person's injuries, and how much you owe in damages. The jury also decides your percentage of fault under comparative fault rules. A trial typically lasts several days to a week, depending on the complexity of the case.

Trial is expensive and unpredictable. Even if you believe you were not at fault, a jury might disagree. This is why most cases settle — both sides prefer the certainty of a known outcome to the risk of a jury verdict. Your lawyer will give you honest information about your chances at trial and what a jury might award, which should inform your settlement decisions.

Protecting yourself if the claim exceeds your insurance limits

If the other side's damages claim is much larger than your insurance policy limit, you face a potential shortfall. For example, if your policy limit is $100,000 but the other side is asking for $300,000, and a jury awards $250,000, your insurance company pays $100,000 and you are personally responsible for the remaining $150,000. That judgment can follow you for years through wage garnishment or property liens.

If you suspect the claim will exceed your limits, talk to your insurance company's lawyer about hiring your own lawyer to protect your interests. Some insurance companies will agree to hire a separate lawyer for you (called a "consent to separate counsel") if there is a genuine conflict. Your own lawyer can negotiate a settlement that keeps the total award within or close to your policy limits, protecting your personal assets.

You should also review your homeowner's or renter's insurance policy, as some policies include umbrella coverage that may explore to car accident judgments. Ask your insurance agent whether you have any additional coverage that could help pay a judgment.

Frequently Asked Questions

Do I have to testify at trial?

You do not have to testify, but your lawyer will usually recommend it. The jury wants to hear from you about what happened, and your testimony can be powerful. However, testifying also means the other side's lawyer can cross-examine you and challenge your account. Your lawyer will prepare you thoroughly and will advise you on whether testifying helps or hurts your case.

What if I cannot afford a lawyer?

You do not need to pay for a lawyer if your insurance company is defending you — they hire one for free. If your insurance company denies coverage or if you do not have insurance, you can represent yourself, though this is risky in a lawsuit. Some lawyers work on contingency in car accident cases, meaning they take a percentage of any settlement or judgment instead of charging you upfront, but this is more common for plaintiffs than defendants.

Can the other side take my house or car to pay a judgment?

Yes, if a judgment is entered against you and you do not pay it, the other side can place a lien on your house or car. They can also garnish your wages. However, Florida law exempts your primary residence (up to a certain value) and your car (up to a certain value) from most judgments, though the rules are complex. A lawyer can explain what assets are protected in your situation.

What happens if I settle — does that mean I admit fault?

A settlement agreement typically includes language saying that neither side admits fault and that the settlement is not an admission of liability. This protects you from the settlement being used against you in other legal proceedings. Your insurance company will handle the settlement paperwork, and once both sides sign, the case is closed.

How long does a car accident lawsuit usually take?

From the time you are served with a summons to settlement or trial typically takes one to three years, depending on how busy the court is, how complex the case is, and how willing both sides are to settle. straightforward cases with clear liability and minor injuries may settle within months. Cases involving serious injuries, disputed liability, or high damages can take longer.