What to Do if Someone Sues You for a Car Accident in Texas

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Written by Auto Accident Team

Last Updated: December 28, 2024

Facing a car accident lawsuit in Texas can feel overwhelming, but responding quickly and understanding the legal process are critical to protecting your rights and finances. Whether the claims are valid or not, knowing the steps to take can help you navigate this challenging situation effectively. This guide outlines what you need to know, from immediate actions to the role of insurance and legal defenses.

Steps to Take Immediately After Being Sued

Receiving a lawsuit related to a car accident is serious, but following these steps can help you protect yourself:

  1. Review the Complaint and Summons: These documents detail the claims against you and outline the deadlines for filing a response. Missing these deadlines can result in a default judgment, where the court rules in favor of the plaintiff automatically.
  2. Notify Your Insurance Provider: Contact your car insurance company as soon as possible. If your policy includes liability coverage, it may cover legal representation and damages up to your policy’s limits.
  3. Consult an Attorney: A legal professional can help you evaluate the claims and develop a defense strategy. Avoid speaking with the plaintiff directly, as anything you say could be used against you in court.

Acting promptly helps you stay in control and minimizes the risk of severe financial or legal consequences.

How Insurance Impacts a Car Accident Lawsuit

Insurance companies play a crucial role in car accident lawsuits. Here’s what to consider:

  1. Liability Coverage: Most car insurance policies provide liability coverage, which can protect you against claims for property damage or personal injury caused by the accident.
  2. Legal Representation: Many insurance companies assign an attorney to handle your defense and negotiate with the plaintiff, potentially settling the case outside of court.
  3. Policy Limits: Your coverage only extends to the limits specified in your policy. If damages exceed these limits, you may be personally liable for the remaining balance.

Understanding your policy’s terms ensures you are prepared for what lies ahead and helps set realistic expectations for the outcome.

How to Work with Your Insurance Company After a Car Accident Lawsuit

When facing a car accident lawsuit, your insurance company plays a critical role in managing the process and protecting your financial interests. Here is how to work effectively with them:

  1. Notify Your Insurance Company Immediately – The moment you receive legal documents about the lawsuit, contact your insurance company. Many policies require prompt reporting of legal actions to ensure coverage. Provide all relevant details, such as the accident date, the parties involved, and the claims being made.
  2. Provide Accurate Documentation – Share all the documentation related to the accident, including the police report, witness statements, and photos of the damage. Clear and organized records will help your insurance company assess the situation and build a defense if necessary.
  3. Communicate Regularly and Follow Up – Stay in contact with your insurance representative to ensure your case is being handled appropriately. Be responsive to their requests for additional information and ask for updates on the progress of your case. Clear communication prevents delays and misunderstandings during the legal process.

What Your Insurance Provider Covers in a Car Accident Case

Understanding what your insurance provider covers is essential when navigating a car accident lawsuit. Here are the key areas of coverage:

  1. Liability Coverage – Most auto insurance policies include liability coverage, which pays for damages or injuries you are found legally responsible for, up to your policy’s limit. This coverage may also include legal defense costs, such as attorney fees, to represent you in court.
  2. Property Damage and Bodily Injury – If the lawsuit involves claims for property damage or bodily injury, your policy typically covers these expenses within the limits set in your policy. However, damages exceeding your coverage may become your personal responsibility.
  3. Settlement or Judgment Costs – Your insurance provider may attempt to settle the lawsuit out of court to save time and expenses. If the case goes to trial and you are found liable, the insurance company will pay up to the policy limit on any judgment awarded to the plaintiff.

Understanding your policy and its limits ensures you know what expenses are covered and prepares you for any out-of-pocket costs that may arise.

Get Help From The Auto Accident Team Today

Being sued for a car accident can be overwhelming, but you do not have to face it alone. The Auto Accident Team connects you with legal professionals who may help protect your rights, negotiate with insurance companies, and guide you through the legal process. Each attorney in our network has years of experience and a strong commitment to advocating for clients’ best interests.

Take control of your situation today. Call us at 877-236-2391 or fill out our contact form to get started. Let us help you navigate your case with confidence.

Frequently Asked Questions About Car Accident Lawsuits in Texas

How long do I have to respond to a lawsuit?

In Texas, you typically have 20 days after being served to respond to a car accident lawsuit. This timeframe begins the day you are officially served with the lawsuit papers. Failing to respond within this window can result in a default judgment, where the court automatically rules in favor of the plaintiff. This could leave you liable for damages without the opportunity to present your defense. It is crucial to act promptly by notifying your insurance provider and consulting an attorney to prepare your response.

If the damages awarded in the lawsuit exceed your insurance policy limits, you may be personally responsible for the remaining costs. This could include paying out-of-pocket for medical expenses, lost wages, and property repairs claimed by the plaintiff. To manage this situation, consult an attorney who may help negotiate a reduced payment, establish payment plans, or explore legal defenses to minimize your liability. Additionally, understanding the terms of your policy and supplemental coverage options, like umbrella insurance, can provide added protection in similar cases.

Yes, many car accident lawsuits are resolved through negotiations or settlements before reaching a courtroom. Settlements are often facilitated by your insurance company, which may aim to resolve the case quickly and minimize costs. During this process, the plaintiff agrees to drop the lawsuit in exchange for an agreed-upon compensation amount. Settling out of court avoids the unpredictability of a trial and can save both parties significant time and expenses. However, if a fair agreement cannot be reached, the case may proceed to trial.

Texas follows a modified comparative fault rule, which allows both parties involved in an accident to share responsibility. If you are found to be less than 51% at fault, you may still recover damages or mount a defense. However, your degree of fault will reduce the amount you may be required to pay or recover. For example, if you are found to be 30% at fault, you might only be liable for 70% of the damages claimed. If your fault exceeds 50%, you could be fully liable for the plaintiff’s losses. This system underscores the importance of building a strong defense with evidence and legal representation.

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