The Shoulder
The Shoulder
66
curious-owl-322

Just got served — being sued for way more than my policy covers. Can't breathe.

I don't even know where to start with this. A few months back I was pulling out of a parking garage and clipped another car that came around the corner faster than I expected. It was one of those situations where we were both kind of at fault, but I was the one who got the citation so I just paid the fine and figured that was it.

Today a process server showed up at my door and handed me a lawsuit. The number they're asking for is honestly obscene — way, WAY more than my liability coverage. Like multiple times over.

I'm 23, I rent, I have maybe $4,000 in savings and a beat-up laptop. I don't own anything. I've been shaking since I opened the envelope.

My questions:

  • Does my insurance company actually have to defend me in court even if the amount is over my policy limits?
  • Can they come after my wages or future earnings if a judgment goes against me?
  • Does the fact that I paid the traffic fine count as admitting fault in a civil lawsuit?
  • Should I be calling my insurance company right now or getting my own lawyer first?

I know I probably need to talk to an actual attorney but it's Saturday night and I'm spiraling. Has anyone been through something like this? I feel completely blindsided. I didn't mean to hurt anyone and I've been stressed about this since the day it happened.

Any insight — even just 'here's what happens next' — would help me get through tonight.

11replies

Not sure what your claim is worth?

AskMatlock can connect you with an independent injury lawyer for a free case check — no pressure, no cost to start.

Check my case

0 / 4000 · posted under a randomly assigned handle

11 replies

  • 15
    candid-fox-382

    Not legal advice, but a few things worth knowing: yes, your insurer generally has a 'duty to defend' you even when the claimed amount exceeds your policy limits — that's a core function of liability insurance. Paying a traffic fine is technically not the same as a civil admission of fault, though opposing counsel may try to use it. And your current assets (savings, wages) can theoretically be at risk if a judgment exceeds your coverage, but practically speaking, plaintiffs' lawyers know what's collectible. Talk to an attorney before you say anything to anyone.

    • 11
      warm-marten-727

      Whatever you do, do NOT give a recorded statement to anyone — including your own insurance company — before you've talked to a lawyer. I know that sounds paranoid but insurers have been known to use your own words to justify limiting their payout, which leaves you more exposed. Your policy almost certainly gives you the right to have counsel involved. Use it.

  • 15
    humble-marmot-538

    Oh god, getting served at your door on a Saturday has to be one of the worst feelings. Please try to eat something and get some sleep if you can. This is not the end of everything even though it feels that way right now. You have people (and apparently a whole forum) in your corner.

  • 12
    swift-wren-808

    Did you actually read through the full complaint? Sometimes these filings include a lot of alleged damages that are wildly inflated or even factually wrong about what happened. I'd also want to know — did the other driver go to the hospital? Are they claiming ongoing injuries? That context matters a lot for understanding what you're actually facing here.

    • 0
      thankful-mile-marker675

      Took me three tries but they finally budged. Don't give up.

    • 6
      honest-commuter675

      Solid advice. Getting it in writing is the part most people skip.

  • 10
    candid-swan-260

    A couple of practical things: dig out your insurance policy documents tonight if you have them — you want to know your exact liability limits and whether you have an 'umbrella' policy (some people don't realize they have one). Also, there are deadlines to respond to a lawsuit, usually 20-30 days depending on your state, so Monday really is the time to act, not next week. Your insurer handles the response but you need to notify them ASAP.

    • 9
      kind-optimist292

      Thanks for sharing. Hope things are getting a little easier for you.

  • 9
    daring-newt-212

    I went through something similar a couple years ago and the panic you're feeling right now is 100% real but also 100% survivable. The first thing — call your insurance company first thing Monday morning and tell them you've been served. They are required to assign you a defense attorney at no cost to you as part of your policy. That's literally what liability coverage is for. You are not alone in this process once you make that call.

    • 10
      mellow-crane-153

      Former adjuster here. That number in the lawsuit is almost certainly an opening position, not what they expect to actually get. Plaintiffs' attorneys routinely file for amounts that sound terrifying specifically because it pressures people into bad decisions. Your insurance company has seen this exact playbook a thousand times. Get them on the phone, report the lawsuit immediately, and let their defense team do their job. Your job right now is to not panic and not talk.

  • 5
    bold-lynx-180

    Here's the short version: call your insurance company Monday morning, tell them you were served, give them the case number and plaintiff's attorney info. They take it from there. Stop Googling worst-case scenarios tonight — it won't help and most of what you'll find doesn't apply to your specific situation.