Answering a Lawsuit Served After a Rental Car Accident

Attorney Answer

You are not safe by default. A court document left at your door means a deadline is already running, and if you let it pass a judgment can be entered against you without any hearing — regardless of the fact that the rental company handled the claim a year ago. Two things need to happen this week: tender the suit to Zipcar and its insurer, and get an answer on file.

Under Tex. R. Civ. P. 99(b), a written answer must be on file with the court by 10:00 a.m. on the Monday next after the expiration of 20 days after the date of service. If that Monday is a legal holiday and the clerk's office is closed, filing on the next business day is timely. Tex. R. Civ. P. 121–123 govern appearance and the effect of defective service; filing an answer constitutes an appearance in the case. The date that starts the clock is the date of service shown on the return, not the day you happened to notice the papers, so find that date first.

If you miss it, Tex. R. Civ. P. 239 permits the court to enter a default judgment against you at any time after the answer is due when no answer is on file. A default judgment is a real money judgment. It can be abstracted against property and pursued against wages in some circumstances, and undoing one is far harder and more expensive than answering on time.

The insurance history does not protect you on its own. That there was an incident report, that Zipcar took over, and that claims were opened means an insurer was involved — but the plaintiff sued you personally, and the court will not check whether someone else was supposed to handle it. What the coverage should do is trigger a duty to defend, meaning the insurer hires and pays for a lawyer to file your answer. That only happens if you put them on notice that suit has been filed. Adjusting a claim is not the same as being told about a lawsuit.

What you can do

1. Today: photograph every page, front and back, including the citation and the officer's or process server's return. Find the case number, the county, and the court number, and the date of service. 2. Today: email Zipcar's claims department and the adjuster who handled the incident, attach the full scanned suit papers, state that you have been served, and expressly demand a defense and indemnity. Send it to any address in your rental agreement for legal notices as well. Keep proof of sending. 3. Today: notify your own auto insurer, if you have one, and any credit card that provided rental coverage for that trip. Rental claims often have more than one policy in play. 4. Calendar the Rule 99(b) date immediately and treat it as immovable. 5. If no lawyer has contacted you within a few days confirming they are defending you, file an answer yourself before the deadline. A general denial is short and preserves your position; defenses can be added later. Do not let the deadline pass while waiting on the insurer. 6. You can check the court's online docket with the case number to confirm what has been filed and whether an answer has been entered for you. 7. Do not call the plaintiff's lawyer to explain your side, and do not sign anything they send you.

⏱ Time limits apply. Tex. R. Civ. P. 99(b) sets the answer deadline at 10:00 a.m. on the Monday next after the expiration of 20 days after service, and Tex. R. Civ. P. 239 allows a default judgment at any time after that once the deadline passes with no answer on file. The exact date depends on when you were served, which is shown on the return in your papers — read that date before you do anything else.