Act on lawsuit papers or a claim against you

By Jacob Alford

What should I do when I receive lawsuit papers?

Treat them as urgent. Save every page, envelope, electronic notice, and delivery detail. Record when, where, and how you received them. Identify the court, cause number, named parties, and any hearing or response instructions.

Send the complete papers immediately to the insurer that may cover the wreck and to any lawyer already representing you. The relevant policy is generally the one connected to the accident, not simply the company insuring you today. Ask for written confirmation of receipt, whether a defense will be provided, the assigned lawyer, and who is handling the response deadline.

Do not use a generic internet countdown. Texas district/county and justice courts use different response rules, and federal court or special proceedings may differ again. Have the actual citation, service facts, and court reviewed immediately. If no lawyer has accepted responsibility, seek help directly rather than waiting for a claim adjuster to call back. Keep checking until the required response is actually confirmed.

Sources: Texas civil procedure Rules 99 and 502.5; TDI auto liability and defense coverage.

What if I was not the driver or think the papers are wrong?

Do not ignore them. The papers might contain a genuine mistake, name you as an owner or employer, assert another theory, or require a formal challenge. Your belief that the claim is wrong does not remove the risk of a default.

Preserve documents showing who owned and drove the vehicle, sale or transfer records, employment information, insurance, and where you were. Tell the insurer and defense lawyer exactly what appears wrong. Do not alter documents or contact the claimant to obtain a casual promise to “take you off” instead of confirming the court record.

If the issue concerns identity, service, jurisdiction, or the wrong court, get advice before submitting a generic response because the order of procedural steps can matter. A letter to the opposing insurer is not necessarily a court filing. Ask for confirmation of any dismissal or correction and keep the filed document.

Source: Texas civil procedure rules, including Rules 99, 120a, and 502.5.

Does emailing the insurer mean a court response has been filed?

No. It establishes, at most, that you sent an email. Receipt, coverage review, assignment of counsel, preparation of an answer, and filing with the court are separate events.

Ask for the defense lawyer’s name and contact information, the identified response deadline, and a copy of the filed response or other protective filing. Confirm that it belongs to the correct court, cause number, and defendant. If you cannot obtain confirmation, contact the lawyer and insurer again and seek independent help before the deadline.

Keep proof of when you sent the suit papers and every follow-up. Do not assume “we are handling it” means the court has received what it needs. If a deadline may already have been missed or a default entered, obtain immediate review of the actual docket and available relief. Those remedies can have short and differing deadlines too.

Sources: Texas civil procedure filing and answer rules; Texas State Law Library self-help.

What if the insurer will not defend me?

Ask for its position in writing, including the policy provisions and facts it relies on. Distinguish an outright defense denial from a defense offered under a reservation of rights. The latter means the insurer is preserving coverage positions; it does not necessarily mean no lawyer is appearing for you.

Locate other potentially applicable policies and promptly notify the appropriate carriers. Depending on the facts, a vehicle owner’s policy, your own policy, an employer’s coverage, or an umbrella policy may need review. Do not assume a complaint to TDI forces a defense or extends the court deadline.

Arrange independent legal help to protect the lawsuit response and evaluate the coverage dispute. If money is a barrier, use legal-aid and referral resources, while recognizing that availability and case eligibility vary. Keep the denial, full policy, declarations, endorsements, suit papers, and proof of notice together. The coverage search helps locate coverage; Insurance denials and complaints addresses the complaint route.

Sources: TDI auto coverage guide; Texas State Law Library assistance.

Does the lawyer my insurer provides also handle my injury claim?

Ask directly. A defense assignment does not automatically include pursuing your own injury claim. Identify whom the lawyer represents, the lawsuit or claim being defended, and whether the lawyer has agreed to pursue any affirmative claim for you. Obtain clarity about who is protecting each deadline.

Tell the defense lawyer if you were injured, if another person may be responsible, or if the claim could exceed your insurance. Coverage questions, personal exposure and an affirmative injury claim can require separate advice. Whether a particular conflict requires different counsel depends on the actual circumstances; the insurer’s involvement alone does not answer it. Texas Professional Ethics Opinion 659; Texas Supreme Court discussion of excess exposure and insurer duties.

Do not wait for the defense file to finish before asking about your own rights. Keep the engagement information, policy, reservation-of-rights or denial letter, suit papers and relevant injury records together. Continue cooperating with lawful defense requirements while obtaining advice about any separate dispute. The deadline discussion addresses deadlines and Working with your lawyer explains the scope of a lawyer’s engagement.

Attorney reviewed by Jacob Alford · November 11, 2026