The Shoulder
The Shoulder
64
Insurancequick-bison-208

Got sued personally after my insurance apparently wasn't enough — single dad, nothing to my name. What happens now?

I caused an accident about a year ago. Fully my fault — I ran a red light, clipped another car. The other driver walked away, no ambulance, exchanged info and left. I was driving my brother's truck at the time and he had insurance on it.

Fast forward to last week and I got served. The other driver is suing me personally — not just the insurance — for injuries. My brother's insurer has apparently been going back and forth with her attorney but they can't land on a number, so now it's heading toward trial.

I don't have money to hire anyone. I'm a single dad with two kids, renting a room from a family member, driving a car I still owe on. My income is maybe $800 a month doing gig delivery work. No savings. No real assets. I get some state assistance for the kids.

I've been reading that insurance is supposed to defend me through trial — is that true even if I'm named personally in the suit? Do I just... wait? Do I reach out to her lawyer myself? Should I show up to anything?

And honestly, if she really was hurt because of me, I'm not trying to dodge responsibility. I just literally have nothing to give. Does a judge ever look at your financial situation before deciding what you owe, or do they just slap you with a judgment no matter what?

I'm trying to understand what I'm actually walking into here. I can't sleep. Any experience with this appreciated.

12replies

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12 replies

  • 22
    calm-otter-692

    Not legal advice, but I can give you some general context. If your brother's insurance policy covers the accident, the insurer typically has a duty to defend you — meaning they should provide an attorney for you through trial, even if you're named personally. Call the insurance company directly and ask them point-blank: 'Am I covered for defense costs?' If they say yes, you should be assigned defense counsel at no cost to you. Don't just assume it's handled — confirm it. And do not contact the other driver's attorney on your own.

  • 8
    clear-sparrow-981

    I was on the other side of something like this — I was the one who caused the accident and got named in a suit. My family member's insurance did cover my defense, thankfully. What stressed me out was nobody told me that automatically; I had to call and push for answers. Don't wait for them to come to you. Call and be direct about what's happening.

    • 22
      plain-newt-863

      Three things: 1) Call the insurance company TODAY and confirm they are providing you a defense attorney. Get a name and number. 2) Do not call the plaintiff's lawyer — anything you say can be used against you. 3) Look into legal aid in your area if the insurer says you're not covered for defense costs. You may qualify based on income. Stop waiting for this to sort itself out — make those calls this week.

    • 6
      calm-dreamer566

      That lines up with what my adjuster told me too.

  • 12
    kind-fox-978

    Here's what I'd watch for: sometimes insurers will offer to settle right at their policy limit and then essentially wash their hands of the case if the plaintiff wants more. At that point you are technically on the hook for anything above that limit. That's the scenario that's probably happening here. The insurer's lawyer is there to protect the insurer, not necessarily you. Worth understanding whose side they're really on.

    • 8
      bright-bison-845

      A couple of practical things: First, check if there's a deadline on the summons for a response — that's real and missing it can result in a default judgment against you automatically. Second, many states have 'judgment debtor' protections — things like a portion of your wages, state assistance payments, and a vehicle you need for work can be exempt from collection even if you lose. Look up your state's exemption laws or call a legal aid office. They're free and can at least explain what can and can't be taken from you.

  • 12
    humble-sparrow-005

    What you're describing sounds like an 'excess judgment' situation — meaning the claim value exceeds the policy limits and the plaintiff is pursuing you personally for the gap. I've seen this happen a lot with minimum-limit policies. The honest truth? If you genuinely have no assets and minimal income, even a large judgment against you is often practically uncollectable. Judgments don't disappear, but creditors also don't spend money chasing people who have nothing. That doesn't make it fun, but it puts things in perspective.

  • 20
    careful-kestrel-340

    Just want to add — delayed injury claims aren't automatically fake. Soft tissue stuff, back and neck issues, sometimes they genuinely don't show up until days later. I'm not saying that to stress you out more, just so you go into this understanding why her claim may have developed after the scene. It doesn't mean you're a bad person, it's just how the body works sometimes.

    • 4
      plainspoken-backseat245

      Did the timeline change anything for you? Mine dragged on for weeks.

  • 10
    genuine-swan-010

    I'm so sorry you're dealing with this on top of everything else. Please don't try to navigate this completely alone — even one free consultation call with a personal injury attorney could clarify so much. A lot of them do free calls just to tell you where you stand. You deserve to at least know your options before you lose sleep assuming the worst.

  • 16
    wise-hare-942

    It sounds terrifying but you're actually asking the right questions at the right time. A lot of people in your situation panic and do nothing — or worse, try to deal with the opposing attorney themselves. The fact that you're trying to understand the process puts you ahead. And people with genuinely limited means do get through these situations without losing everything. You're not the first person to be in this spot.

    • 7
      grounded-sidewalk711

      Adding this: keep copies of every email. It mattered for me.