Getting served with a lawsuit after a car accident is an unsettling experience. Regardless of whether you believe you were at fault, seeing your name on a legal complaint can make you feel like your finances and your future are suddenly at risk. The good news is that being sued doesn’t mean you’ve already lost; there are concrete steps you can take to protect yourself.
Learning about how the legal process works in these cases can help you make smarter decisions as your situation moves forward. Read on to learn what to do if you find yourself on the receiving end of a personal injury lawsuit after a car accident.
Take the Lawsuit Seriously
This might sound obvious, but the worst thing you can do is ignore the lawsuit. Once you’ve been formally served with a petition, the clock starts ticking. In Texas, you generally have until 10:00 a.m. on the first Monday after 20 days have passed since you were served to file an answer with the court. If you miss that deadline, the plaintiff can request a default judgment, which means the court may rule against you without ever hearing your side of the story.
Failing to respond can result in a judgment for the full amount the plaintiff is asking for, so treating the lawsuit seriously from the start gives you the best chance of protecting yourself.
Notify Your Insurance Company
One of the first calls you should make is to your auto insurance provider. Your liability coverage exists for exactly this kind of situation. When you report the lawsuit to your insurer, they’ll typically assign an adjuster to review the claim and may also provide you with a defense attorney at no additional cost.
Texas requires all drivers to carry minimum liability coverage of $30,000 per person and $60,000 per accident for bodily injury, plus $25,000 for property damage. If the plaintiff’s damages fall within your policy limits, your insurer will generally handle the defense and any settlement or judgment that results.
However, there are a few things to keep in mind:
- If the plaintiff’s claimed damages exceed your policy limits, you could be personally responsible for the difference.
- If your insurer determines that the accident falls outside the scope of your coverage, they may deny the claim.
- If you were uninsured at the time of the crash, you’ll need to arrange for your own defense.
Reporting the lawsuit promptly is important because most policies require timely notice as a condition of coverage. Waiting too long could give your insurer grounds to deny your claim.
Consider Hiring Your Own Attorney in Certain Circumstances
Your insurance company may provide a lawyer to defend you. In straightforward cases, this arrangement works fine. However, if the claimed damages are substantial, if there’s a risk of a judgment exceeding your policy limits, hiring your own personal attorney may be worth considering.
An attorney can advise you on issues your insurer’s lawyer might not prioritize, such as protecting your personal assets and evaluating whether a counterclaim makes sense. They can also provide a second opinion on any settlement offers that come up during the process.
At the least, it’s likely worth your time to reach out to a couple of private lawyers to learn about your best course of action.
Determine How Texas’s Comparative Fault Laws Apply to Your Case
Texas follows a modified comparative fault system under Civil Practice and Remedies Code § 33.001. This law can work in your favor as a defendant. If you can show that the plaintiff shares some responsibility for the accident, their recovery will be reduced by their percentage of fault. If the plaintiff is found to be more than 50% at fault, they can’t recover anything.
This is why the facts of the accident are key. If the available evidence supports your side of the story to a sufficient degree, you could end up with a favorable outcome where no liability is imposed on you whatsoever.
Contact a Fort Worth Car Accident Attorney at Trial Tribe Injury Lawyers to Review Your Legal Options
Being sued after a car accident is stressful, but it doesn’t have to spiral out of control. With the right approach, you can mount an effective defense and protect your financial future. The key is taking action quickly and making informed decisions at every step of the claims process.
If you’ve been served with a lawsuit after a car accident in Texas, setting up a meeting with a Fort Worth car accident lawyer is a wise choice. Call Trial Tribe Injury Lawyers at (817) 400-5000 for a free consultation.