Filing a car accident lawsuit: when it happens and what comes next

Why a claim becomes a lawsuit#

Most car accident claims settle with an insurer and never reach a courthouse. A lawsuit usually comes into the picture for one of a few reasons:

• The insurer denies the claim or says its driver was not at fault.
• The two sides are far apart on what the claim is worth, and negotiation has stalled.
• The filing deadline is near. A lawsuit protects the claim, and talks can continue after filing.
• Several people or companies may share the blame, such as a driver and their employer, and a court can sort out who pays.

A lawsuit is usually filed against the at-fault driver, and sometimes the vehicle's owner or the driver's employer, rather than against their insurance company. In most cases the driver's liability insurer hires and pays the defense lawyer under its policy, so the same insurer is still on the other side.

Filing does not mean a trial. Many cases settle after filing, often once both sides have seen the evidence in discovery or after mediation.

The filing deadline comes first#

Every state sets a statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for car accident lawsuits. For an adult's injury claim it is 2 years in Texas, 2 years in California, 2 years in Florida, 3 years in New York and 6 years in Maine. If the lawsuit is filed even a day late, the court will usually dismiss it, however strong the claim.

You can look up your state with our deadline tools or in the state-by-state guides. Some situations change the clock:

• Children. Many states pause the deadline until an injured child turns 18; this is called tolling.
• Government vehicles. Claims against a city, county, state or federal agency often need a written notice first, sometimes within months. A claim against a federal agency must be presented in writing within 2 years.
• Insurance talks. Negotiating with an insurer does not stop the deadline. The model rule many states follow asks insurers to warn people without a lawyer who are claiming against another driver's policy at least 60 days before a time limit runs out, but a warning is not guaranteed.

The stages of a lawsuit#

Courts follow their own procedure rules, so details differ between states and between state and federal court. Most car accident cases are in state court, but the stages are broadly the same everywhere.

1. The complaint. The person suing (the plaintiff) files a complaintComplaint. The document that starts a civil lawsuit. It names the parties, describes what happened and says what the person suing asks the court to award. Glossary with the court. It names the people being sued, describes the crash and lists the losses claimed. A filing fee is due unless the court waives it.
2. Service. The plaintiff must formally deliver the summons and complaint to each defendant, called service of processService of process. Formally delivering the summons and complaint to the person being sued, in a way the court's rules allow, so they know about the lawsuit and can respond. Glossary. In federal court, this must happen within 90 days of filing or the court can dismiss the case against that defendant.
3. The answer. Each defendant responds in writing, admitting or denying the claims and raising defenses such as shared fault. In federal court the answer is due 21 days after service. A defendant who never responds risks a default judgment.
4. Discovery. Each side gathers evidence from the other. This is usually the longest stage (see below).
5. Motions. Either side can ask the judge to rule on issues before trial, such as what evidence is allowed, or ask for summary judgmentSummary judgment. A ruling that decides a case, or part of it, without a trial because the important facts are not genuinely disputed and one side is entitled to win under the law. Glossary when the key facts are not disputed.
6. Mediation or a settlement conference. Many courts send cases to mediation before trial, and some cases settle there.
7. Trial. A jury, or a judge in a bench trial, hears the evidence and decides fault and damages. The losing side may ask for a new trial or appeal.

What happens in discovery

DiscoveryDiscovery. The stage of a lawsuit in which each side must share documents and answer questions under oath. Glossary is how each side learns what the other knows. It usually includes:

• InterrogatoriesInterrogatories. Written questions that one side in a lawsuit sends to the other side, which must be answered in writing and under oath. Glossary, written questions answered under oath. In federal court a party may send up to 25 without permission, and answers are due within 30 days.
• Requests for documents, such as medical records, photos, phone records and repair estimates.
• Depositions, where witnesses answer questions under oath in front of a court reporter. Our guide to depositions explains what to expect.
• A medical examination by a doctor chosen by the defense, in many injury cases.

How often cases reach trial#

Trials are rare. A federal Bureau of Justice Statistics study of state courts found that only about 4% of tort cases, the category that includes car accidents, ended in a bench or jury trial in 2005. Across tort, contract and real property cases, the figure was 3%.

Car accidents still make up most of the trials that do happen: nearly 60% of the tort trials in the study were car accident cases. For those, the median time from filing to verdict or judgment was 20.3 months for jury trials and 16.6 months for bench trials. These figures are from 2005 and describe only cases that went to trial, so treat them as a sense of scale, not a forecast.

Small claims court for smaller claims#

For a dispute about car repairs, a deductible or a rental bill, small claims court can be a simpler and cheaper option. The forms are short, hearings are informal, and people usually represent themselves. Each state sets its own limit:

Rules on lawyers differ too: in California, you can ask a lawyer for advice before court, but a lawyer cannot appear with you in court.

Small claims court suits property damage better than serious injuries, where the limits are low compared with medical costs. Rules on splitting one crash into separate claims vary, so before filing a small claim for car damage, check how it could affect a later injury claim. Winning also does not guarantee payment; collecting a judgment is up to you.

What a lawsuit costs#

A lawsuit costs more than a claim settled with an insurer, in money and in time. Typical costs include:

• court filing fees and the cost of serving papers;
• court reporters and transcripts for depositions;
• copies of medical records and other documents;
• fees for expert witnesses, such as doctors or crash reconstruction specialists;
• mediator fees, often shared between the sides.

Courts can waive filing fees for people who cannot afford them. Most injury lawyers work on a contingency fee, taking a percentage of any recovery, and many advance case costs. Whether you repay those costs if the case is lost depends on the written agreement, so read it closely. In the US, each side generally pays its own lawyer, win or lose.