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.

What Does it Mean to Be Sued After a Car Accident?

Being sued after a car accident means the other driver is formally taking legal action against you, claiming you were responsible for the crash and asking the court to hold you legally and financially liable for their injuries, medical bills, lost wages, and other damages. A lawsuit is not just a complaint; it is a structured legal process where the other side must prove their claims under Texas law.

The process begins when you (the defendant) are “served,” meaning you are officially delivered court documents (usually called a petition and citation) that outline the allegations, the legal basis for the claims, and the amount of money being sought by the other driver (the plaintiff). Being served also triggers strict legal deadlines for responding, which is why it is important to act quickly once you receive the paperwork.

Can I Get Sued for a Car Accident If I Have Insurance?

Yes. Having auto insurance does not prevent you from being sued after a car accident. In Texas, liability insurance is required for drivers, and its purpose is to protect you financially if you are found responsible for causing injury or property damage to someone else. This means that if you are being sued for a car accident, your car insurance company will step in to defend you by assigning an attorney and managing the legal process.

However, insurance does not remove your involvement entirely. You are still required to cooperate with your insurer and defense counsel, including providing information and responding to requests related to the case. It is also important to understand that your insurance coverage has limits. If the damages claimed in the lawsuit exceed your policy limits, you could potentially be held personally responsible for the amount above what your insurance will pay, depending on how the case is resolved.

How to Respond If You Are Sued for a Car Accident

A lawsuit is a time-sensitive emergency. If you have been served, before you do anything else, call your auto insurance company immediately.

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.

Prompt action is essential because, 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 judge may enter a default judgment, which can ultimately lead the court to grant everything the plaintiff asked for without ever hearing your side of the story.

Once you have notified your insurance carrier, they will assign a lawyer to represent you at their expense, and your lawyer will handle filing this answer.

Understand That You Have a 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.

What Happens After Notifying Your Insurance Provider??

Once you have notified your insurer, 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).

The vast majority of car accident lawsuits are resolved through a negotiated settlement rather than a trial. What this means is that the attorney assigned to your defense will attempt to reach an agreement with the opposing side. During this process, you are generally kept informed of significant developments, such as when a potential settlement could exceed your coverage limits and create personal financial exposure.

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.

What Are the Best Ways to Protect Yourself After a Car Accident in Texas?

After a car accident, certain actions can create problems later if a lawsuit is filed against you. The goal is to avoid statements or behavior that could be misinterpreted or used as evidence of fault. Key ways to protect yourself include:

Avoid discussing fault at the scene or afterward. Even casual comments like apologizing or guessing what happened can later be interpreted as admitting responsibility.
Document the scene when possible. Photos of the vehicles, damage, road conditions, traffic signals, and the surrounding area can help establish what actually happened if there is a dispute later.
Be cautious with social media activity. Posts or comments related to the accident can be used as evidence in a liability dispute.
Keep records of the incident. Photos, witness information, and basic documentation from the scene can help clarify what happened if liability is disputed later.

These steps help preserve the facts of the case and reduce the risk of statements or actions being used against you in a lawsuit.

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, our personal injury lawyers are ready to provide the experienced guidance you need to pursue the compensation you deserve. Contact us for a free consultation about your injury case. We handle cases for accident victims on a contingency fee basis, so there is no fee unless we win.