How Do I Respond to a Texas Lawsuit From an Insurance Company After an Uninsured Accident?

Attorney Answer

You likely have very little time left, so the most important thing is filing a written answer with the court before your deadline, even a simple general denial.

Your exact deadline depends on which court the case is in, and the citation you were served with should state it. In a Texas district or county court case, Texas Rule of Civil Procedure 99 requires a written answer by 10:00 a.m. on the Monday following the expiration of 20 days after you were served. If the case is in justice court, which handles many smaller money claims, Texas Rule of Civil Procedure 502.5 generally gives you 14 days after you were served to file your answer. Missing your deadline can allow the insurance company to obtain a default judgment against you without a trial, meaning the court could enter judgment for the amount claimed without you ever presenting your side.

Because your case likely involves an insurance company suing you to recover what it paid out after the wreck (often called a subrogation claim), the amount at stake and the court involved (justice, county, or district court) depend on how much is being claimed. Check your citation and petition paperwork for the exact court name and cause number.

What to do right now:

1. Find your citation and petition (the documents you were served with) and confirm the exact court, cause number, and deadline date and time. 2. File a written answer with that court's clerk before the deadline. A short "general denial," stating that you deny the allegations and demand strict proof, is enough to prevent a default judgment and preserve your right to fight the case. 3. Keep a copy of the answer and proof of filing, and mail a copy to the plaintiff's attorney if required. 4. Try to reach a Texas attorney today. Many offer same-day or next-day consultations, and filing your answer on time preserves your ability to get help afterward. 5. Do not ignore the lawsuit or assume it will go away. Even if you believe you were not at fault or dispute the amount claimed, you must respond formally.

Because you did not have insurance at the time of the wreck, you may also want to ask an attorney about your options for negotiating a payment plan or settlement if you are ultimately found liable.

This is general legal information, not legal advice. Given how close your deadline is, please contact a Texas attorney or your county's lawyer referral service immediately, since they can review your specific paperwork and advise you on your situation.