You have legal obligations once you're named as a defendant
When someone sues you over a car accident in Florida, you are now a defendant in a civil lawsuit. This means the other party (the plaintiff) is asking a court to order you to pay for their damages—medical bills, vehicle repair, lost wages, or pain and suffering. You cannot ignore the lawsuit. Florida courts have strict rules about how and when you must respond, and missing a important date can result in a default judgment, which means the court rules against you without hearing your side.
The lawsuit begins when you are served with a summons and complaint. The summons is a court document that tells you a case has been filed and gives you a important date to respond—usually 20 days in Florida. The complaint is the plaintiff's written statement of what happened and why they believe you are responsible. You will receive these documents in person, by mail, or sometimes by another method the court approves. Once you have them, the clock starts.
Your response options depend on the facts of the accident and what the plaintiff is claiming. You can admit fault, deny fault, or admit some facts while disputing others. You can also raise what the law calls an "affirmative defense"—a legal reason why you should not have to pay even if some of what the plaintiff says is true. For example, if the plaintiff was partly at fault, Florida's comparative negligence rule may reduce what you owe. Understanding what you can and cannot argue is why most defendants consult an attorney early.
Key Takeaways
- You must respond to a lawsuit within 20 days of being served in Florida, or the court may enter a default judgment against you without a hearing.
- Your response can deny the claims, admit them, or raise a legal defense such as comparative negligence or that the plaintiff was partly responsible.
- Your insurance company will likely assign you a defense attorney if the claim falls within your policy limits, but you should confirm this in writing.
- Settlement negotiations often happen during discovery, when both sides exchange documents and evidence, and most car accident lawsuits settle before trial.
- If the plaintiff's damages exceed your insurance limits, you may face a judgment that attaches to your wages, bank accounts, or property.
How your insurance company steps in
If you have liability insurance, your insurance company has a duty to defend you. This means they will hire an attorney to represent you at no cost to you (the attorney's fees come from your policy). You should receive a letter from your insurer within a few days of them learning about the lawsuit, telling you who your defense attorney is and how to contact them. This is called a "defense under a reservation of rights," which means the insurer is defending you but may later argue that the claim falls outside your coverage.
Your insurance company will also investigate the accident independently. They will request police reports, medical records, repair estimates, and statements from witnesses. They may hire an accident reconstructionist if the cause of the accident is disputed. All of this information helps them decide whether to settle the case and for how much. You should cooperate fully with your insurer and your defense attorney, because anything you tell them is protected by attorney-client privilege and will not be shared with the other side without your permission.
If the plaintiff's claimed damages are very high—higher than your policy limits—your insurer may be less motivated to defend aggressively or to fight a settlement. This is a conflict of interest you should be aware of. If you believe your insurer is not defending you properly, you can hire your own attorney at your own expense, though this is uncommon in routine car accident cases. Ask your defense attorney if you have concerns.
What happens during discovery
Discovery is the phase where both sides exchange evidence. Your defense attorney will send written questions (called interrogatories) to the plaintiff and request documents (called requests for production). The plaintiff will do the same to you. You will be asked about the accident itself, your driving history, your insurance coverage, and your damages. You must answer truthfully and completely; lying during discovery can result in sanctions from the court and can hurt your credibility if the case goes to trial.
You may also be deposed, which means you will sit down with the plaintiff's attorney and answer questions under oath. A court reporter will record everything you say. Your defense attorney will prepare you for this and will be present. Depositions are often where settlement discussions begin, because both sides get a clearer picture of how a judge or jury might view the case. If you come across as honest and reasonable, the plaintiff may be more willing to settle. If you seem evasive or hostile, they may push for a higher award.
Discovery usually takes three to six months, depending on how complex the case is and how busy the court is. During this time, your defense attorney will be working toward a settlement. Most car accident lawsuits settle during or just after discovery, before trial. Your attorney will keep you informed of any settlement offers and will explain what each one means for you.
Settlement negotiations and your role
Settlement means both sides agree to end the lawsuit without a trial. The plaintiff agrees to accept a specific amount of money, and you (through your insurer) agree to pay it. In exchange, the plaintiff signs a release, which means they promise not to sue you again over the same accident. Settlement is usually faster and cheaper than trial, and it eliminates the risk that a jury will award the plaintiff more than your insurance limits.
Your defense attorney will negotiate on your behalf, but you have the final say on whether to accept any settlement offer. Your insurer cannot force you to settle, though they can refuse to pay for your defense if you reject a reasonable offer and then lose at trial for more than the offer was worth. This is rare, but it is another reason to trust your attorney's judgment about what is reasonable.
Settlement negotiations often happen in writing, through a process called a "demand letter." The plaintiff's attorney will send your attorney a letter stating what they believe the case is worth and why. Your attorney will respond with a counter-offer. This back-and-forth may take weeks or months. If both sides are close, they may agree to mediation, where a neutral third party helps them reach a compromise. Mediation is not binding, but it often works because both sides have already invested time and money in the case and want to avoid trial.
What a judgment means if you lose at trial
If the case goes to trial and the jury or judge rules against you, the court will enter a judgment. This is a court order saying you owe the plaintiff a specific amount of money. If your insurance covers the judgment up to your policy limits, your insurer will pay it. If the judgment is higher than your limits, you are personally responsible for the difference. This is called an "excess judgment" or "judgment in excess of policy limits."
An excess judgment can follow you for years. The plaintiff can garnish your wages, meaning money is taken directly from your paycheck. They can also place a lien on your property, including your home or car, which means you cannot sell or refinance without paying them first. They can freeze your bank accounts or take other collection actions. Florida allows judgments to be renewed, so the debt can last a very long time.
This is why settlement is often the better choice, even if it means paying more than you think is fair. A settlement ends the case and prevents the risk of an excess judgment. Your defense attorney will explain the risks and benefits of settling versus going to trial, and you should take that information seriously.
Your responsibilities as a defendant
Once you are sued, you have specific legal duties. You must respond to all court documents on time. You must be honest in all your statements to the court and to the other side. You must not destroy any evidence—emails, text messages, photos, or documents related to the accident. Destroying evidence is called "spoliation" and can result in severe penalties, including the court assuming the destroyed evidence would have helped the plaintiff.
You must also keep your defense attorney informed of any changes in your circumstances. If you move, change jobs, or receive any communication from the plaintiff or their attorney, tell your attorney when ready. If you are sued again or face criminal charges related to the accident, tell your attorney. These things can affect the case and your attorney needs to know.
You should not discuss the accident with anyone except your attorney, your insurer, and your defense attorney. Do not post about it on social media. Do not talk to the plaintiff or their attorney without your attorney present. Anything you say can be used against you, and casual comments can be misinterpreted or taken out of context.
How comparative negligence affects your case in Florida
Florida follows a rule called "comparative negligence." This means if you were partly at fault for the accident, your liability is reduced by your percentage of fault. For example, if the jury finds you were 30 percent at fault and the plaintiff's damages are $100,000, you would owe $70,000 (70 percent of the damages). However, if you are found to be more than 50 percent at fault, you cannot recover anything from the other side—but the other side can still recover from you.
This rule is important because it gives you a defense even if you were not completely blameless. Your attorney will look for evidence that the plaintiff was partly responsible—that they were speeding, distracted, failed to yield, or violated some other traffic law. Even partial fault on their part can significantly reduce what you owe. This is often where settlement negotiations focus: both sides arguing over what percentage of fault belongs to each party.
Frequently Asked Questions
What if I cannot afford a defense attorney?
If you have liability insurance, your insurer will provide one at no cost to you. If you do not have insurance, you will need to hire an attorney yourself or represent yourself, which is not recommended in a lawsuit. Some attorneys work on a contingency basis for plaintiffs but not for defendants, so your options are limited if you cannot pay.
Can the plaintiff contact me directly during the lawsuit?
Once you are represented by an attorney, the plaintiff's attorney should contact only your attorney, not you directly. If they contact you anyway, tell your attorney when ready. Do not speak to them without your attorney present, even if they seem friendly or reasonable.
What happens if I ignore the lawsuit?
If you do not respond within 20 days, the court will enter a default judgment against you. This means you lose automatically, and the plaintiff can collect the full amount they requested without proving anything. A default judgment is very difficult to overturn, so ignoring a lawsuit is the worst thing you can do.
Will this lawsuit affect my driving record or insurance rates?
A civil lawsuit does not go on your driving record. However, if you were cited for a traffic violation at the accident scene, that citation may affect your record and your rates. The lawsuit itself may cause your insurer to raise your rates or drop you when your policy renews, depending on your state and your insurer's rules.
How long does a car accident lawsuit usually take?
Most settle within six to twelve months. If the case goes to trial, it may take one to three years from the time you are sued to the time a judgment is entered, depending on the court's schedule and how complex the case is. Your attorney can give you a better estimate based on your local court system.