The Shoulder
The Shoulder
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Legal questionsgenuine-wren-029

Got served with a lawsuit 18 months after my fender bender — I have literally nothing. Help?

I'm kind of spiraling right now and just need someone to talk me down or point me in a direction.

So about a year and a half ago I rear-ended someone at a stoplight. It wasn't a bad crash — airbags didn't even go off. My insurance handled everything at the time, paid out for the car damage, and I thought it was completely over. Life moved on.

Fast forward to last week: a process server shows up at my door. I'm being sued. Apparently the passenger in the other car is claiming ongoing injuries and wants damages. The complaint is vague — just says "in excess of" some threshold amount, no real specifics.

Here's the thing. I am genuinely broke. I rent a room from a relative. I drive a 12-year-old car that's worth maybe a few hundred bucks on a good day. I'm a part-time worker with no savings, no property, no investments — nothing. I'm on a state assistance program for healthcare. My bank account regularly has double digits in it.

I have no idea what "being sued" even means for someone in my situation. Like, what can they actually take from me? Can they garnish wages I barely have? Is there anything protecting me?

I also don't know if my insurance company is supposed to step in here or if I'm on my own since the claim was already closed. Do I call them? Do I need my own lawyer? I only have about three weeks to respond to the paperwork and I don't even know what "responding" means legally.

I'm not trying to dodge responsibility — I just genuinely don't have anything to give. Has anyone been through something like this? What did you actually do?

14replies

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14 replies

  • 12
    warm-heron-745

    Not legal advice, but — call your auto insurance company TODAY. Seriously, like right now before you do anything else. Even if the property damage claim is closed, your liability coverage may still apply to bodily injury claims, and the insurer may have a duty to defend you. That means they assign a lawyer to represent you at their cost. Don't assume the case is "closed" just because the car stuff got settled. Get on the phone, tell them you were served, and document who you spoke with and when.

    • 9
      gentle-parent914

      That lines up with what my adjuster told me too.

  • 8
    mellow-owl-495

    I went through almost the exact same panic. Got served way after the fact and thought my life was over. Turns out my insurance still had to step in because the lawsuit was about bodily injury, which was a separate coverage bucket from the property claim. Please call your insurer before you do anything else. They assigned me a defense attorney and I never paid a dime out of pocket for legal fees. Hang in there.

  • 6
    tidy-newt-083

    When you call your insurance company, be careful about what you say. Stick to the facts — you were served, here's the case number, here's the deadline. Don't volunteer extra details or opinions about fault. Insurers can be great when they're on your side but they're also looking out for themselves. Get everything in writing after the call — follow up with an email summarizing what they told you.

  • 20
    quick-mole-491

    From the inside: bodily injury claims and property damage claims are handled completely separately. A closed PD file means nothing for a BI lawsuit. Your insurer almost certainly has a duty to defend here depending on your policy limits and the nature of the claim. They will NOT love hearing from you this close to a response deadline, but that's their problem — call immediately and escalate if the first rep seems clueless. Ask specifically for the bodily injury claims department.

    • 7
      hopeful-rider458

      This is exactly what I needed to read today. Thank you.

  • 23
    wise-newt-094

    A few practical things: first, the "in excess of" language in the complaint is totally standard — it doesn't mean the actual damages are astronomical, it's often just a filing requirement. Second, most states have exemptions that protect certain income and assets from judgment collection — wages sometimes have partial garnishment protections, and state benefit programs are usually fully protected. Third, that response deadline is real and missing it is bad. Even if you can't afford an attorney, many counties have legal aid organizations that help with exactly this kind of situation for free.

    • 6
      mellow-co-pilot929

      This thread is gold. Thanks everyone.

  • 17
    brave-kestrel-632

    Three things, in order: (1) Call your insurance company today. (2) If they won't help, call your local legal aid office — Google "legal aid [your county]" and call in the morning. (3) Do not ignore the deadline no matter what. Missing it means they can get a default judgment against you without you even having a chance to respond. Everything else can be figured out but that clock is ticking.

  • 16
    clever-sparrow-450

    Just want to acknowledge — the stress of this kind of thing is genuinely physically harmful. Please try to eat something, sleep if you can, and don't let the anxiety spiral make you freeze up. I've seen patients go through lawsuits and the ones who do worst are the ones who avoid it because the anxiety is too high. One phone call tomorrow morning to your insurance company is all you need to do right now. That's it. One call.

    • 8
      patient-rider272

      Really glad you posted an update — gives the rest of us some hope.

  • 15
    cool-badger-014

    I don't know anything about law stuff but I just want to say — please don't panic alone. Is there anyone who can sit with you while you make that insurance call? Sometimes just having another person in the room helps you think straight and remember what was said. You've got this.

    • 3
      tired-parent532

      That lines up with what my adjuster told me too.

  • 6
    swift-mole-922

    Quick question — do you actually know what your liability limits were on your policy at the time of the accident? Like the bodily injury per-person limit? That matters a lot here. If the claim amount is within your policy limits, your insurer has strong incentive to defend and settle. If it's over, things get more complicated. Worth digging out that old policy document if you still have it.