By Ty McDuffey, J.D. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed August 14, 2023
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A few days ago, you accidentally bumped into a car in front of you. The driver of that car seemed fine, so you thought you could get out of it. But today, you received a car accident court summons.
Before you start freaking out, note that receiving a court summons does not automatically mean you are being sued. Read on to learn about different types of car accident court summons and the steps to take after receiving the summons.
A summons is a document that puts you on notice that you are required to appear in court for several possible reasons:
A summons usually contains the name and address of a court, the names of the parties involved, and a docket number for the case. If you're receiving a summons as a defendant, you will receive a complaint along with the summons in person or by mail.
The statute of limitations sets the maximum period within which legal proceedings can be initiated. It's crucial to understand the statute of limitations applicable to your car accident claim, which varies from state to state. It will dictate the deadline for filing a lawsuit. The statute of limitations is typically counted from the date of the accident.
The car accident claim process begins when you file a claim with your insurance company. The insurer will:
If you receive a court summons, it could suggest a disagreement with the insurer's decision or a claim for damages exceeding insurance coverage.
A subpoena is a legal order requiring a person's appearance in court. Compliance with a subpoena is a legal obligation. The copy of the complaint is a document outlining the plaintiff's claims, damages sought, and reasons why you are at fault. It is filed by the plaintiff (the party suing you) to initiate the lawsuit.
The court clerk manages court records and can guide you on court rules and procedures, such as correctly responding to the summons. Court rules dictate court operations, including document filing and courtroom conduct. Following these rules is essential to avoid penalties and unnecessary delays. A default judgment is a ruling favoring one party based on the other party's failure to take action.
Interrogatories are part of the discovery process and consist of written questions that must be answered under oath. A jury trial is a trial decided by a jury, not a judge. The jury determines the case's facts, and the judge applies the relevant law. Pain and suffering refer to the physical and emotional stress caused by an injury, which you may be compensated for in a personal injury lawsuit.
A process server is tasked with delivering court documents, including summonses, subpoenas, and complaints, to the parties involved in a lawsuit. The service of process is the procedure through which a party to a lawsuit provides initial legal action notice to another party, court, or administrative body.
A settlement offer is a proposal by one party to resolve the lawsuit before going to trial. It may include an agreement to pay a certain sum, perform a specific action, or stop a certain behavior. Small claims court is designed to quickly and inexpensively resolve disputes over small amounts of money. The trial date is the scheduled day when your case will be heard in court.
In a car accident case, you would most likely receive the court summons as a defendant or witness to the car accident at issue. If you're receiving it as a witness, you are being asked to testify regarding the accident.
Since you haven't been sued, you shouldn't worry about having an attorney to represent you because you're not being charged with anything or facing any liability. However, if your testimony could contain incriminating statements, you may need to talk to a lawyer to make sure your statements will not be used against you. Also, even if you weren't at the scene of the accident or believe that you have nothing to do with the case, you still need to respond to the summons.
If you're receiving the summons as a defendant in a civil lawsuit or a minor criminal charge, you will need to file an answer to the complaint because you have been sued. Before filing anything, contact your insurance company if the lawsuit is about personal injury or property damage. Send your insurance company a copy of the summons you received. Most insurance companies have a contractual duty to hire a lawyer to represent you and cover what you may owe up to your coverage limit.
If you don't have car insurance coverage, you'll have to either hire an attorney or represent yourself pro se. You may represent yourself without an attorney if the case is straightforward and you're not worried about making choices on your own. However, representing yourself involves many risks that can negatively affect your case. Follow the specific court procedures and understand the applicable laws to win your case. As a result, it's highly advisable to contact a personal injury lawyer as soon as possible.
If you have been sued, you (or your attorney) will need to prepare to file an answer, which is a document that contains your response to the complaint of the case. In your answer, you should address each paragraph of the complaint, either admitting, denying, or stating it's insufficient to admit or deny.
The summons should state how many days you have to respond to the complaint. Even if you think you aren't responsible for the accident, you must respond within that timeframe. If you fail to do so, you are in default.
This will lead to a judgment against you for failure to appear, failure to file a pleading, or failure to take required procedural steps. If that occurs, you won't be able to contest any issues. The court will proceed to determine the amount of damages you'll need to pay.
If you've received an auto accident court summons, you should contact a personal injury attorney immediately to learn about your legal options moving forward. If you fail to follow the appropriate civil procedures, you may be penalized for it.
Thus, before filing anything, contact a skilled car accident attorney in your area today to learn about your legal rights in these types of cases.
Contact a qualified auto accident attorney to make sure your rights are protected.
Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.