After a car accident, the last thing you may expect is a claim from the other driver. You might’ve thought the matter was resolved or didn’t believe you were at fault, only to receive legal papers without warning.
It can be confusing and stressful when someone sues you after a car crash, but you still have options. Here’s what you should know if you find yourself in this situation in Florida.
Why is the Other Driver Suing Me?
If someone sues you after an accident, they’re typically saying you caused the crash, and they want compensation to cover their injuries or property damage. Most of the time, you’ll receive both a complaint and a summons, which are legal documents that explain why they’re suing you and what they want.
Missing the deadline to send a response could seriously hurt your case, so don’t ignore these dates.
Contact Your Insurance Company Immediately
Regardless of whether you feel you caused the accident, you need to contact your insurance provider as soon as possible. Your policy likely includes a duty to notify them if you’re sued, and if you wait too long, they could deny coverage.
You will also want to contact a personal injury lawyer, who can advise you as you communicate with the insurance company and make recommendations based on the unique facts of your case.
Find Out Whether You Have Personal Exposure
Florida is a no-fault state, but that doesn’t mean you can’t be sued. It just means that people usually file for coverage through their own insurance first. But if someone’s injuries are serious or the costs go beyond their personal injury protection (PIP) coverage, they might be able to sue the at-fault driver.
Your insurance policy has limits. For example, your bodily injury coverage might cap out at $50,000, but if the other driver is suing you for $200,000, you could be on the hook for the difference.
Your personal injury attorney can look over your case and tell you if you’re at risk for damages above your policy and negotiate for you if it seems like the costs might go beyond what your insurance covers.
Collect Evidence Related to the Crash
Start gathering any evidence that might help your case.
This could include:
- The police report
- Pictures or video of the scene
- Witness names and contact information
- Medical records, if you were also hurt
- Any communications you’ve had with the other driver or their insurance
Keeping your own records makes it easier to stay informed on the case and catch potential problems early on.
Avoid Speaking to the Other Side
You may be tempted to call the other driver to try to clear things up, but that’s usually not a good idea. Your words can be twisted to put the blame on you, even if you just wanted to apologize for the crash.
Let your attorney do the talking. This will help you avoid saying something you didn’t mean that could cost you later.
Don’t Talk About Your Case With Anyone But Your Lawyer
Likewise, while the claim is active, be careful what you say to anyone else. Don’t post about the accident on social media because even unrelated posts can be twisted to hurt your case. If you say you’re out having fun while claiming you’re injured, for example, that could be used against you.
Also, avoid discussing the case with family or friends. It’s best to keep everything between you and your lawyer.
What Happens Next?
Once the claim starts, things can take time. There might be a lot of negotiations between lawyers before anything makes it to trial. Most car accident cases in Florida settle before reaching the courtroom.
You might hear about “discovery,” which is when both sides exchange information, ask questions, and gather the facts. You might have to answer questions in writing or even give a recorded statement.
Later, there could be mediation, where a neutral person tries to help both sides agree to a settlement. If that doesn’t work, then the case might go to trial, where a judge or jury decides who’s at fault and how much they have to pay.
Contact Our Florida Personal Injury Lawyers for a Free Consultation
Being sued doesn’t mean you’re guilty. It just means someone is making a claim against you for compensation. Florida’s legal system gives you the chance to fight back, but only if you act quickly and carefully.
If you’re not sure what to do next, the award-winning team at Bagget Law Personal Injury Lawyers can give you clear answers and strong legal support. We have a proven track record of providing outstanding, personalized representation for clients throughout Jacksonville and the surrounding communities. Contact us online or call us at (904) 396-1100 for a free consultation.
