Got sued after a minor accident - what do I do?

ST storm55 US 🔍 Enthusiast 👁 64 ⚑ Report Car Law

Someone rear-ended me at a red light back in March and we both filed with insurance. Now I got served with papers saying they're suing me for $15k in damages plus medical stuff, but my insurance company seems slow to respond. Should I contact a lawyer immediately or wait to hear from my insurance adjuster?

2 answers

★ Best answer

Don't ignore the papers or assume your insurance will handle everything without you - they might deny coverage if you mess up the response process. Call your insurance company's legal department directly (not the regular claims line) and ask them to either provide a defense attorney or confirm they're covering your defense; most policies include this. If they stall past a week, grab a local lawyer yourself for a quick consultation - many do free initial calls - because that court deadline is real and you need someone filing something before it passes, even if it's just a holding response.

Don't wait around on this one. You've been served, which means there's a deadline to respond - usually 20-30 days depending on your state - and missing that can result in a default judgment against you, which is bad news. Contact your insurance company immediately and let them know you've been sued. Most policies include legal defense coverage, and the insurer will typically assign you a lawyer at no cost to you. Get those lawsuit papers in front of them right away so they understand the timeline.

If your insurance company is dragging their feet even after you notify them about the lawsuit, that's when you call a personal injury attorney on your own dime for a quick consultation. Many offer free initial consultations, and they can tell you whether the insurer is handling things properly or if you need to escalate. The thing is, the insurance company has a legal obligation to defend you - that's literally what you're paying them for - so once they know about active litigation, they'll move faster. But you need to make that notification crystal clear and documented, ideally in writing.

One thing to keep in mind: don't communicate directly with the person suing you or their lawyer. All contact should go through your insurance company's legal team once they're involved. And don't post about the accident on social media or discuss it with friends - anything you say can end up being used against you. Stick to the facts when dealing with your insurer, provide them with any documentation you have from the original accident, and let the legal process work.

Your answer

Log into answer.