What to Do After Being Served with a Car Accident Lawsuit
If you have been served with a car accident lawsuit, do not ignore the papers. Read the summons, note your deadline, tell your insurance company right away, and call a lawyer. These steps keep you from losing by default.
A lawsuit is often the next stage of a claim that began much earlier. After a car accident, most people expect calls from adjusters, so a court summons feels like a shock. It does not mean you have lost. It only means the other side wants a court to decide.
This article will help you understand what you have to do after being served.
Why You May Have Been Served
Drivers get sued after a crash for a few common reasons:
- The other driver blames you, and settlement talks failed
- Their medical bills are higher than what your insurer offered
- You own the car, but someone else was driving it
- You were driving for work, so your employer is also named
- Their insurer paid its customer and now wants that money back from you (subrogation)
Timing matters too, here. Every state sets a statute of limitations, and many plaintiffs file close to the deadline. California allows two years under Code of Civil Procedure § 335.1, and Texas allows two years under Civil Practice and Remedies Code § 16.003. Check your own state's rule.
What to Do After Being Served
- Read every page: You will receive a summons and a complaint. Note the court, case number, plaintiff's name, and what they are claiming. Also note how and when you were served, because the date starts your clock.
- Mark your deadline: In federal court, you generally get 21 days to respond under Federal Rule of Civil Procedure 12(a)(1)(A)(i). California gives 30 days under Code of Civil Procedure § 412.20(a)(3). Other states vary, so confirm the exact date on your summons.
- Call your insurance company immediately: Most auto policies require prompt notice, and liability coverage usually includes a duty to defend you. Send a full copy of the papers and get a claim number. Late notice can put your coverage at risk.
- Don’t miss the deadline: If you do not answer, a default judgment may be entered against you under Federal Rule 55 and similar state rules. That can lead to wage garnishment or bank levies.
- Have all the evidence ready: Keep photographs, dash camera footage, estimates of repairs, medical records, texts, and police reports as evidence. Do not delete data, such as that from your phone. Losing electronic data can lead to sanctions under Federal Rule 37(e).
- Write what you remember: Write down the date, time, weather, road conditions and witness names while your memory is fresh. Share it only with your lawyer.
- Stay quiet: Do not discuss the case with the other driver, their insurer, or on social media. Anything you say can be used against you.
- Do not file your own response without advice: a wrong answer can waive defenses you cannot get back.
How a Car Accident Lawyer Helps
A car accident lawyer files your response on time, raises defenses like comparative negligence, and works with your insurer's defense counsel. They also settle or get ready to go to trial.
If you were hurt in the same crash, a lawyer can check whether you have your own claim. In federal court, that may be a compulsory counterclaim under Rule 13(a), and you can lose it if you stay silent.
Being served feels heavy, but you can handle it if you act fast. The sooner you move, the more options you keep.
Key Takeaways
- Never ignore a summons. A missed deadline can mean a default judgment.
- Check your response deadline the day you are served.
- Notify your insurer immediately, since your policy may cover your defense.
- “Preserve all the photographs, records and messages relating to the crash.
- Avoid discussing the case with anyone except your lawyer and insurer.
- Talk to a car accident lawyer before you file anything.