Do I Have to Hire a Lawyer to Defend Me if I’m Sued Over an Auto Accident?

Last Updated on December 18, 2025

Getting sued after a car accident is stressful—but it’s more common than people think, especially when there are serious injuries, high medical bills, or a dispute about who caused the crash. And yes, you can still be sued by the other driver even if you have car insurance.

The good news: in many cases, your auto insurer will step in, hire a defense attorney, and handle the legal process. The key is knowing what to do immediately, what your policy actually covers, and when you might need your own lawyer (in addition to the one provided by the insurance company).

Key Takeaways

• If you’re served with lawsuit papers after a crash, don’t ignore them—deadlines to respond are strict and missing them can lead to a default judgment.
• In many covered accidents, your auto insurer will hire and pay a defense attorney for you under your liability coverage.
• Hiring your own lawyer is most important when damages could exceed your policy limits, the insurer disputes coverage, or there’s a potential conflict of interest.
• Most auto accident lawsuits settle before trial, often through negotiations, mediation, or arbitration—so fast reporting and good documentation matter.

If You’re Served With Lawsuit Papers, Do This First

A lawsuit usually starts when you’re served with a summons and complaint (or similar documents). Don’t ignore them. Missing the deadline to respond can lead to a default judgment—meaning you could lose automatically, even if you have a strong defense.

1. Read the documents and note the deadline. The summons typically tells you how many days you have to respond and which court the case is filed in.
2. Notify your insurer immediately. If you haven’t already, make sure you file a claim the right way and then provide your insurer a copy of everything you received from the court.
3. Don’t contact the other driver (or their attorney) to “work it out.” Anything you say can be used against you later. Let your insurer and attorney handle communications.
4. Gather your paperwork. Police report, photos, dashcam footage, witness info, medical records (if relevant), and any letters/emails you’ve received about the claim.
5. Be careful online. Avoid posting about the accident or your injuries (or theirs) on social media while the claim/lawsuit is active.

Will My Car Insurance Provide a Lawyer if I’m Sued?

In many situations, yes. Most auto policies include liability coverage, and liability coverage is designed to protect you when you cause injuries or property damage to others. That’s the core purpose of liability car insurance—and why it’s required in most states.

When the lawsuit involves a covered accident, the insurer typically has a duty to defend you. Practically, that usually means the insurance company hires an attorney to represent you and pays the reasonable costs of defending the case (subject to your policy terms). Here’s a deeper breakdown of when auto insurance covers legal fees.

Important: The insurer’s duty to defend is tied to coverage. If the insurer believes the claim may not be covered (or only partially covered), it may defend you while also investigating coverage issues. In some cases, it may deny coverage altogether. Either way, you should respond quickly and keep everything in writing.

When You Should Consider Hiring Your Own Lawyer

Even if your insurer provides an attorney, there are situations where it’s smart to consult (or hire) your own lawyer—especially if your personal finances, professional license, or long-term liability exposure is on the line. If you’re unsure, this guide on when to hire an auto insurance lawyer can help you spot red flags.

• The damages could exceed your policy limits. If the other party is claiming major injuries, lost income, long-term care, or significant property damage, the case can blow past minimum coverage fast. If you’re not sure whether your coverage is enough, review what auto insurance limits you should have (and consider whether an umbrella policy makes sense for you).
• Your insurer is defending under a “reservation of rights” or disputing coverage. This can create conflicts where your personal interests and the insurer’s interests don’t align perfectly. Getting independent legal advice is often worthwhile.
• You may have exposure for things insurance often doesn’t cover. Depending on your state and the facts, punitive damages, intentional acts, or certain criminal conduct-related losses may not be covered.
• You want personal guidance on settlement decisions. The insurer’s attorney represents you in the lawsuit, but settlement decisions can affect you long-term—especially if there’s a risk you could owe money beyond your policy limits.

How the Claim and Lawsuit Usually Get Resolved

Most car accident lawsuits don’t end with a dramatic trial. Many resolve through settlement once the key facts are collected (police report, photos, medical records, witness statements, expert opinions, etc.). Medical billing can also complicate negotiations—especially when multiple coverages may apply. If you’re confused about medical bills, see how health insurance vs. car insurance works after an accident.

When someone sues, they may demand both economic damages (medical bills, repairs, lost wages) and non-economic damages. Non-economic damages can include items like pain, suffering, and loss of enjoyment of life—topics that often come up in pain and suffering settlement negotiations.

Depending on the case, resolution might look like:

• Settlement negotiations between attorneys and insurance adjusters (often the most common path). If you want to understand the process, here’s a practical overview of how auto insurance settlements are negotiated.
• Mediation or arbitration (a structured process that can be faster than court). Learn how the arbitration process can work in car accident disputes.
• Trial (less common, but possible if fault or damages are heavily disputed).

When You Could Be Personally Responsible for Paying

The biggest financial risk is when the claim is worth more than your liability limits. If a settlement or judgment exceeds what your policy will pay, the plaintiff may try to collect the difference from you personally (depending on your state’s laws and your assets).

Out-of-pocket costs can show up in smaller ways too—like when it makes more sense to handle certain minor damage yourself rather than filing a claim. Here’s guidance on when you might pay for vehicle repairs out of pocket (though once a lawsuit is filed, you should coordinate closely with your insurer before paying anything directly).

If you were the at-fault driver, your coverage and responsibilities can look different than if fault is disputed. This explainer on what happens with insurance when you’re at fault can help you understand the usual flow of a liability claim.

And remember: lawsuits aren’t only filed against insured drivers. If the other driver has no insurance (or not enough), the legal path can shift—sometimes involving direct lawsuits or uninsured motorist claims. If you’re dealing with that angle, see whether you can sue an uninsured driver.

FAQs on Being Sued After a Car Accident

So… Do You Have to Hire a Lawyer?

Usually, you don’t have to hire your own lawyer if your insurer accepts the claim and provides a defense attorney. That’s a major benefit of liability coverage.

But you may want to hire (or at least consult) your own lawyer if the lawsuit could exceed your limits, the insurer disputes coverage, or there’s any reason your personal interests might not be fully protected by the insurance-appointed defense.

Note: This article is general information, not legal advice. Laws vary by state and the facts of the crash. If you’re facing a lawsuit, responding quickly and coordinating with your insurer is critical.

Helpful Official Resources

• NAIC: A Consumer’s Guide to Auto Insurance (PDF)
• Insurance Information Institute: Auto Insurance Basics (Coverage Overview)