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

Being served with a lawsuit after a car accident can be a shocking and stressful experience. While you are still recovering from the incident, you are suddenly faced with a legal challenge that carries serious deadlines and potential financial consequences. This guide lays out the critical actions you should take to protect yourself.

Note: Our law firm represents individuals who have been injured in car accidents. We do not defend individuals being sued for causing a car accident, but we believe this information can be helpful for anyone navigating this difficult process.

The Absolute First Step After Being Served

Before you do anything else, call your auto insurance company immediately. A lawsuit is a time-sensitive emergency. Your insurance policy is a contract that requires your insurer to defend you and pay for damages up to your policy limits.

• Notify your agent or the claims department that you have been served with a lawsuit.
• Send them a copy of all the documents you received.
• Failing to notify your insurer promptly can be seen as a breach of your contract, potentially giving them grounds to deny your coverage. This would leave you personally responsible for all legal fees and any judgment against you.

Once you have notified your insurer, they will assign a lawyer to represent you at their expense.

Understand the Lawsuit and Its Deadline

The legal documents you received, typically called a petition or complaint, spell out the claims against you and the amount of money the other party is seeking. Most importantly, these documents start a ticking clock.

Under Texas rules, you generally have until the Monday following the expiration of 20 days from the date you were served to file a formal “answer” with the court. If you miss this deadline, the other party can win by default, meaning the court may grant everything they asked for without ever hearing your side of the story. Your insurer-appointed lawyer will handle filing this answer, but it is crucial that you contact your insurer immediately so they can get started.

Your Critical Role: The Duty to Cooperate

When your insurance company provides you with a lawyer, you now have a contractual duty to cooperate with both of them. This is a non-negotiable part of your insurance policy. Failing to cooperate can result in your insurer withdrawing your coverage, leaving you to face the lawsuit alone.

Cooperation includes:

• Responding to phone calls and emails from your insurer and lawyer in a timely manner.
• Answering their questions truthfully and completely.
• Helping them gather evidence, such as photos or contact information for witnesses.
• Attending meetings, depositions, and court hearings as required.

Your defense is a team effort. Your active participation is essential for the lawyer to protect your interests effectively.

Insurance Coverage: What You Need to Know

Your lawyer will review your policy, but you should also understand your coverage. Texas requires drivers to carry minimum liability insurance, but these amounts can be exhausted quickly in a serious accident. Check your policy’s declaration page for your bodily injury and property damage limits. If the person suing you is asking for more than your policy limits, your personal assets could be at risk.

Responding to the Lawsuit

Your attorney will draft and file the formal answer to the lawsuit on your behalf. This document responds to each of the plaintiff’s allegations and raises legal defenses, such as arguing that the other driver was also partially at fault (comparative fault).

Settlement Considerations

The vast majority of car accident lawsuits are resolved through a negotiated settlement rather than a trial. Your lawyer will handle negotiations and advise you on any settlement offers. While your insurance company wants to resolve the case, you have the final say on whether to accept a settlement.

Preparing for Court

If a settlement cannot be reached, the case will proceed toward trial. Your attorney will manage the process of gathering evidence and preparing witnesses. You may be required to give testimony in a deposition or at trial. Always be truthful and stick to the facts.

Potential Outcomes of a Car Accident Lawsuit

• Dismissal: The case may be dismissed if it has no legal merit.
• Judgment for the Plaintiff: If the other side wins, the court will order you to pay damages. Your insurance will cover this up to your policy limit.
• Reduced Liability: Under Texas’s “comparative fault” rule, if the plaintiff is found to be partially at fault, their award will be reduced by their percentage of fault. If they are found 51% or more at fault, they recover nothing.

Mitigating Future Risk

Once the case is over, consider reviewing your auto insurance policy. Raising your liability limits or adding an umbrella policy can provide greater financial protection and peace of mind for the future.

Key Deadlines and Limits in Texas Car Accident Lawsuits

Item	Texas Requirement	Notes
Deadline to file answer	20 days + the next Monday	Starts from the date you are served.
Minimum bodily injury coverage	$30,000 / $60,000	Per person / per crash.
Minimum property damage coverage	$25,000	For vehicle and other property.
Statute of limitations for injury suit	2 years	From the date of the crash.
Comparative fault threshold	51%	Plaintiff is barred from recovery if 51% or more at fault.

Need Assistance After Being Injured?

While The Law Office of Shane R. Kadlec does not defend at-fault drivers, our focus since 1996 has been on fighting for the rights of those injured by another’s negligence. If you or a loved one has been hurt in a car wreck, we are ready to provide the experienced guidance you need to pursue the compensation you deserve. Contact us at 281-643-2000 or through our website for a free, confidential consultation about your injury case.