What to Do First if You Are Sued for a Car Accident
Act quickly but calmly. Being sued for a car accident does not mean you will lose, but ignoring the lawsuit can lead to a default judgment against you.
- Contact your insurance company. Send it the petition and citation right away. Your policy likely requires prompt notice.
- Read the petition carefully. Note who is suing, what they claim, and the answer deadline.
- Do not talk to the plaintiff or their insurer. Let your lawyer handle all contact.
- Do not admit fault. Apologies and casual remarks can be used as evidence.
- Stay off social media. Posts can be used against you.
How Your Insurance Protects You
Your liability insurance pays a judgment or settlement up to your policy limits. The Texas Department of Insurance lists the required minimums:
- $30,000 per injured person
- $60,000 per accident
- $25,000 for property damage
If three or more people are hurt, they share the $60,000. Texas is not a direct-action state, so the injured person sues you, the driver, even though your insurer usually pays. If damages exceed your limits, you can be personally responsible for the rest.
What the Plaintiff Can Recover in a Car Accident Lawsuit
Your exposure depends on the plaintiff’s damages and your share of fault. A plaintiff may seek:
- Economic damages: medical bills, lost earnings, and out-of-pocket costs
- Non-economic damages: pain, mental anguish, and lost enjoyment of life
- Punitive damages: only for gross negligence, malice, or fraud, and usually capped
If someone died, close family members may bring a wrongful death claim.
Texas comparative fault also matters. If the plaintiff was partly to blame, their recovery drops by their percentage, and a plaintiff more than 50% at fault recovers nothing.
How to Build Your Defense
Your defense depends on evidence. Gather and preserve:
- Photos of the vehicles, the road, and traffic signals
- The crash report and witness names
- Dashcam or nearby surveillance video
In discovery, your lawyer can request the plaintiff’s medical and phone records to test their story.
If you were injured too, you may have a counterclaim. Most Texas injury claims must be filed within two years.
Should You Settle?
Most car accident lawsuits settle to avoid the uncertainty of trial. Your insurer often has the right to settle within your limits. If the demand is above your limits, ask your lawyer whether the insurer should settle to protect you.
If you were hurt in the same crash and are being blamed, a free case review can help.
About Brad Parker
Frequently Asked Questions
What happens when someone sues you for a car accident in Texas?
You are served with a petition and citation, and you must file a written answer by the deadline in the citation. Your insurer usually assigns a defense lawyer. The case then moves through discovery, where both sides exchange evidence, and most cases settle before trial. If you miss the answer deadline, the court can enter a default judgment.
Being sued for a car accident, what can they take?
If a judgment exceeds your insurance limits, the plaintiff can try to collect the rest from you. Texas protects many assets from creditors, including your homestead, most wages, and certain personal property, but other assets such as savings may still be at risk. Ask a lawyer how Texas exemptions apply to you.
Can an insurance company sue me after a car accident?
Yes. After paying its own customer, an insurer can sue the driver it believes caused the crash to recover what it paid. This is called subrogation. Treat it like any other lawsuit. Notify your own insurer and respond before the deadline.
Should I hire my own lawyer if my insurer provides one?
The insurer's lawyer defends you, but the insurer controls the defense and pays only up to your limits. If the claim may exceed your coverage, or you were also hurt and want to file a counterclaim, a separate lawyer can protect your personal interests.