Visitor Question

Can I be Sued Personally for Neglect in Auto Accident Case?

Submitted By: Anthony (Houston, TX)

I am being sued for a rear-end collision.

I was just served notice for the Court Clerk. The incident happened many months ago. I paid the ticket and my insurance has taken care of the party’s medical expenses, etc.

Is it possible for the party to seek more damages for “neglect”?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anthony,

The unfortunate answer is YES, you can be sued personally even when your insurance company is doing everything for the other party including paying their medical bills. Many insurance policies include defense counsel, however so the first thing you must do is let your insurance company know that you have been personally served with a lawsuit.

If your policy includes a defense attorney provision, they will take your lawsuit and defend you. It is also possible that the statute of limitations is drawing closer and the plaintiffs have filed a lawsuit in order to preserve their right to obtain a settlement from your insurance company.

The last option is that the case has settled and they have filed a lawsuit because there was an insufficient amount of money in the policy to cover ALL the expenses included in the case.

No matter what, advise your insurance company so that they can assist you.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 12, 2017

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