What’s The Next Step After Being Served After A Car Accident

What Is a Summons for a Car Accident?

A court summons is a document ordering you to come to court. If you receive one after a car accident, you might assume you’re being sued. However, a lawsuit isn’t the only reason you might receive a summons. There are three common reasons you might be served:

• You’re being sued over the accident
• You’re being charged with a crime
• You’re being asked to testify as a witness

Here’s a look at each possible reason — and how to handle it.

If You’re Being Sued

If you are at fault for a car accident, the other driver may want to file a lawsuit against you to recover damages, which is a term that refers to financial compensation for losses like medical bills. If you’re served with a summons, you should receive two documents:

• Summons: Tells you you’re being sued and when to go to court
• Complaint: Lists the details of why you’re being sued

If you’re being sued, the next step after being served with a summons for a car accident is to respond to the lawsuit by your state’s deadline. Most states give you between 14 and 21 days to file an answer.

If you don’t respond to a summons by your state’s deadline, the court will likely enter a default judgment against you. This means that the plaintiff wins by default. The court will likely order you to pay the plaintiff a certain amount.

While your insurance policy may cover the settlement for you, you will likely be held responsible for any compensation beyond those policy limits.

You aren’t required to have an attorney’s help when responding to a lawsuit. However, to maximize your chances of a successful outcome, having the help of an experienced car accident lawyer is generally best.

If You’re Being Charged With a Crime

If your car accident involved DUI, reckless driving or another criminal act, you might receive a criminal summons. Unlike an arrest warrant, a criminal summons doesn’t allow law enforcement to take you into custody. Instead, it requires you to appear in court on a given day.

If you receive a criminal summons, you should retain a criminal defense lawyer as soon as possible and make sure you appear in court at the appropriate date and time. If you don’t show up as instructed, there will likely be a warrant issued for your arrest — and you might face separate charges for failure to appear.

If You’re Being Asked to Testify as a Witness

A summons for a witness is called a subpoena. If you receive a subpoena, you should make sure you appear in court on the right date. If you don’t appear, you might be charged with contempt of court and even spend time in jail.

Generally, if you’re summoned as a witness, you don’t need a lawyer. However, if you think there’s any chance you could say something incriminating, it’s a good idea to consult a defense lawyer.

The Role of Insurance Policies in the Process

If you’re being sued for a car accident, you should notify your insurance company as soon as possible. In most cases, your insurer will appoint a lawyer to represent you. Depending on your car insurance policy, your insurer may cover the cost of a settlement in an accident where you are at fault.

It’s easy to assume that the lawyer your insurer appoints for you will represent your interests. However, these attorneys are primarily looking out for the insurance company — not you. In many cases, it’s wise to hire your own lawyer to make sure your interests are properly represented.

If you get into an accident without insurance and are found at fault, you will be personally liable if the other driver files a lawsuit against you and wins. You are also responsible for finding legal representation. In this case, choosing a skilled lawyer is especially important.

Have You Received a Summons After an Accident?

In order to maximize your chances of a positive outcome, you should carefully read the summons and follow its instructions. If the summons is for a car accident lawsuit, you should file a response to the lawsuit and consult a lawyer.

If you’ve been charged with a crime, you should hire a lawyer and go to court as instructed. And if you’re summoned as a witness, you should make sure you attend court on the right day.

Finding a lawyer after being summoned can be stressful. You might need to find an attorney on short notice, and it’s hard to know where to begin. That’s where ConsumerShield can help. We help people in need of legal representation find qualified, pre-vetted lawyers in their areas.

If you need an attorney, fill out our contact form below to get started with a free case review.