If you’re sued for a car accident in Texas, act fast—review the lawsuit, notify your insurance company, gather evidence, and consider hiring a car accident attorney to protect yourself legally and financially.
Lawsuits stemming from car accidents can be overwhelming, especially if you’ve never been through the process before. Texas law places liability on the at-fault driver, so knowing how to respond—and how to prevent things from escalating—is critical.
Here’s what you need to do and what you should know.
Review the Lawsuit Carefully
Once you receive legal papers (typically called a citation and petition), read them carefully. These documents will outline:
- The plaintiff’s claims (what you’re being accused of)
- The amount of damages they’re seeking
- The court handling the case
- Your deadline to respond (usually 20 days from the date of service)
Failing to respond in time could result in a default judgment, meaning the court automatically rules against you.
Contact Your Insurance Company Immediately
As soon as you’re served with a lawsuit, notify your auto insurance provider. Most Texas insurance policies include a “duty to defend,” meaning the insurer will appoint a lawyer and handle the legal defense for claims that fall under your policy.
Important: If you delay notifying your insurer, they may deny coverage—leaving you personally responsible for defense and potential damages.
Understand Your Insurance Coverage
Texas law requires drivers to carry minimum liability coverage of:
- $30,000 for injury per person
- $60,000 per accident
- $25,000 for property damage
If the lawsuit demands more than your policy covers—and you’re found liable—you could be responsible for the remaining amount. This is why understanding your coverage limits is key. Your insurer’s attorney will typically handle cases within your coverage, but you may want to hire your own attorney if the stakes are high.
File a Response to the Lawsuit
Your attorney (or your insurer’s attorney) will help you file an Answer to the lawsuit. This document responds to each of the allegations and helps you avoid a default judgment. It’s your first formal step in the legal process and must be filed before your deadline expires.
Work Closely with Your Attorney
Even if your insurance company provides a defense attorney, it’s important to stay involved in the process. Your role may include:
- Providing accident details and relevant documents
- Reviewing draft responses
- Attending depositions or hearings
- Giving input on settlement offers
If you hire a private attorney (in addition to or instead of the one your insurer provides), they can help protect your personal assets, especially if the lawsuit exceeds your policy limits.
Consider Settlement Options
Not every case goes to trial. In fact, most car accident lawsuits in Texas settle out of court. Settlement might be the smartest path if:
- Liability is clear
- Legal fees are climbing
- You want to avoid trial stress
Your attorney can negotiate a fair settlement amount that falls within your insurance coverage or protects your personal finances from excessive payouts.
Prepare for Court, If Necessary
If no settlement is reached, the case will move forward to court. You’ll likely go through:
- Discovery – exchanging evidence and documents
- Depositions – answering questions under oath
- Motions – requests to resolve parts of the case before trial
- Trial – where a judge or jury decides the outcome
Your legal team will prepare your defense, argue your case, and work to reduce or eliminate any judgment against you.
What Damages Can a Victim Receive for a Car Accident Lawsuit?
In a Texas car accident lawsuit, a victim (plaintiff) can pursue several types of damages:
- Economic Damages: Medical expenses, lost wages, property damage
- Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life
- Punitive Damages: In rare cases involving gross negligence or intentional misconduct
If the total damages awarded exceed your policy limits, the court may seek compensation from your personal assets. That’s why early legal intervention is so important.
How Can I Prevent a Car Accident Lawsuit?
While not all lawsuits are avoidable, you can reduce the risk with these proactive steps:
- Drive Defensively: Follow traffic laws, avoid distractions, and never drive impaired
- Carry Adequate Insurance: Consider coverage beyond the minimum to protect against large claims
- Report All Accidents Promptly: Notify your insurer, no matter how minor the crash seems
- Be Careful with Statements: Avoid admitting fault at the scene or in conversations with other drivers or insurers
- Document Everything: Take photos, get witness names, and keep detailed notes
These actions can make the difference between a minor insurance claim and a costly lawsuit.
Need Help Navigating a Car Accident Lawsuit in Texas?
At The Law Office of Paul Previte, we’ve helped countless Texans defend against personal injury lawsuits. Whether you’re dealing with a minor fender bender or a serious collision lawsuit, we know how to protect your rights and work toward the best possible outcome.
Here’s how we can help:
- Communicate with your insurance company
- Evaluate the lawsuit and identify defenses
- Negotiate settlements or fight for you in court
- Help shield your assets if damages exceed policy limits
Don’t wait—contact us today to schedule a consultation. Let us take the stress off your shoulders and stand by your side throughout the process.
