What Should I Do if Someone Sues Me After a Car Accident in El Paso, Texas?

Car accidents can be traumatic and financially burdensome, but for some drivers, the stress doesn’t end with the crash. If you’re involved in an accident and later receive a lawsuit, it can be overwhelming, especially if you assume that insurance would handle everything. In Texas, which follows an “at-fault” system, being sued for a car accident is not uncommon. Knowing what to do if someone sues you for a car accident is crucial for protecting your rights and finances.

In this guide, we’ll explain what steps to take if you’re sued after a car accident in El Paso, Texas, and how the Law Offices of Michael J. Gopin, PLLC, can help you navigate this complex situation.

Understanding Car Accident Lawsuits in Texas

Texas operates under an “at-fault” or “tort” system, meaning that the driver responsible for the accident is liable for damages. This could include medical expenses, lost wages, property damage, and pain and suffering. While insurance typically covers most claims, there are cases where lawsuits are filed due to disputes or claims exceeding policy limits.

Lawsuits generally arise when:

• The at-fault driver’s insurance does not fully cover the victim’s losses.
• The insurance company denies or disputes the claim.
• The victim is seeking compensation for damages beyond what the insurance covers.

Being sued can feel daunting, but understanding Texas’s car accident laws and knowing your rights can help you respond effectively.

Car Insurance Requirements in Texas

To legally drive in Texas, drivers must carry minimum liability insurance coverage:

• $30,000 for bodily injury per person.
• $60,000 for bodily injury per accident.
• $25,000 for property damage.

These minimums, however, may not be enough to cover all damages, especially in accidents involving severe injuries or extensive property damage. It’s often recommended to carry additional coverage, such as comprehensive or collision insurance, to protect yourself financially. However, even with insurance, there are scenarios where a lawsuit might be filed.

Why Am I Being Sued for a Car Accident If I Have Insurance?

One of the most common questions drivers have is, “Why am I being sued if I have insurance?” Here are a few reasons why a lawsuit might still be filed:

• Damages Exceed Insurance Coverage: If the victim’s losses are greater than your insurance coverage, they may pursue a lawsuit to recover the remaining amount.
• Insurance Company Denies Liability: Sometimes, an insurance company might dispute the claim, especially if there are questions about who is at fault.
• Additional Damages: The injured party may seek additional compensation for things not covered by insurance, such as pain and suffering or punitive damages.

Understanding these reasons can help you prepare for the legal process if someone sues you for a car accident in Texas.

What to Do if Someone Sues You for a Car Accident

If you’ve been served with a lawsuit after a car accident, it’s essential to act quickly and follow these steps:

1. Stay Calm and Review the Lawsuit Papers: Carefully read through all documents to understand the allegations and claims being made against you.
2. Contact Your Insurance Provider: Inform your insurance company immediately. They may provide a legal defense on your behalf, depending on the situation and your coverage.
3. Gather All Relevant Documents: Collect evidence from the accident, including police reports, photographs, medical records, and your insurance policy details.
4. Avoid Contacting the Other Party: Refrain from discussing the case with the plaintiff or their legal representatives. Anything you say could be used against you.
5. Seek Legal Representation: Hiring an experienced car accident attorney, such as the team at the Law Offices of Michael J. Gopin, PLLC, can protect your interests and help navigate the lawsuit effectively.

How Your Insurance Company Handles Car Accident Lawsuits

In most cases, your insurance provider will defend you if you’re sued after a car accident. Here’s how they typically handle it:

• Assigning a Defense Attorney: Many insurance companies provide a defense attorney to represent you in court.
• Settling Claims Within Policy Limits: Insurance companies often attempt to settle within your policy limits to avoid going to trial.
• Limitation on Coverage: If the damages exceed your policy limits, you may be personally liable for the remaining amount, which is why additional insurance or umbrella policies can be beneficial.

Understanding how your insurance handles lawsuits can give you a clearer picture of the process.

What Damages Can the Other Party Seek in a Car Accident Lawsuit?

A car accident lawsuit can involve various types of damages, including:

• Medical Expenses: Covers immediate and future medical treatment, including hospital bills, therapy, and medication.
• Lost Wages: Compensation for income lost due to injuries sustained in the accident.
• Property Damage: Payment for repairs or replacement of the damaged vehicle.
• Pain and Suffering: Compensation for emotional and physical pain.
• Punitive Damages: Rarely awarded but may be pursued if gross negligence is involved.

Knowing what damages the other party may seek can help you assess the potential financial impact of the lawsuit.

Potential Outcomes of a Car Accident Lawsuit

Here are possible outcomes if you’re sued for a car accident:

• Settlement Negotiation: Many lawsuits settle out of court, with both parties agreeing on a compensation amount.
• Court Judgment: If the case goes to trial, a judge or jury will decide the outcome, potentially leading to a judgment against you.
• Personal Liability: If damages exceed your insurance coverage, you may be responsible for paying the difference.

Understanding these potential outcomes can help you prepare for different scenarios.

How to Protect Yourself From Personal Liability

Here are tips to protect your assets and minimize personal liability:

1. Consider Umbrella Insurance: This provides additional coverage beyond standard insurance policies.
2. Maintain High Liability Coverage: Opt for coverage higher than Texas’s minimum to protect against large claims.
3. Avoid Discussing the Case: Refrain from sharing details of the accident or lawsuit, especially on social media, as it could affect your case.

These measures can provide a safety net if you’re ever sued for a car accident in Texas.

Steps to Take if You Are at Fault in the Accident

If you believe you were at fault, take these steps:

• Notify Your Insurance Provider: Being transparent helps ensure smoother handling of the claim.
• Work with a Lawyer to Build a Defense: A skilled car accident lawyer can potentially reduce your liability.
• Understand Texas’s Comparative Fault Rule: Texas’s modified comparative fault rule allows partial recovery even if you were partially at fault, as long as you are less than 51% responsible.

These steps are crucial for minimizing liability and defending your case.

Common Mistakes to Avoid if You’re Sued for a Car Accident

Avoid these common mistakes to protect your case:

• Ignoring the Lawsuit: Failing to respond can lead to a default judgment against you.
• Attempting Direct Negotiations: Speaking with the other party without legal guidance could harm your case.
• Admitting Fault or Posting on Social Media: Public statements can be used against you in court.
• Failing to Hire an Experienced Lawyer: Legal representation is crucial to navigating the complexities of a lawsuit.

Avoiding these mistakes can strengthen your defense and improve your chances of a favorable outcome.

How the Law Offices of Michael J. Gopin Can Help

The Law Offices of Michael J. Gopin, PLLC, has decades of experience in defending clients in car accident cases. Our team will guide you through each step of the legal process, from evaluating claims to representing you in court, if necessary. With our expertise, you can feel confident that your rights and assets are protected.

If you’re facing a car accident lawsuit, contact the Law Offices of Michael J. Gopin, PLLC for a free consultation. Let us help you understand your options and build a strong defense.

Key Takeaways for Handling a Car Accident Lawsuit in Texas

Being sued after a car accident can be overwhelming, but knowing what steps to take can make a significant difference in the outcome. By understanding Texas’s car accident laws, following the right steps, and seeking professional legal assistance, you can protect yourself from excessive liability.

If you’re facing a car accident lawsuit in El Paso, contact the Law Offices of Michael J. Gopin, PLLC, today for a free consultation. Our experienced car accident lawyers and team are here to help you navigate the legal process and protect your financial future.

Michael J. Gopin

Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...