Being sued after a crash is serious, and having no insurance means no insurer will defend you or pay for the damage. You can still protect yourself by responding on time and understanding your options.
First steps
- Read the summons and complaint and note the deadline to respond.
- File a written answer before the deadline. Ignoring it can lead to a default judgment.
- Gather the police report, photos and any messages.
- Check whether any other policy might cover you, such as a household member's auto policy or an employer's policy if you were working.
- Talk to a lawyer or legal aid office.
Possible consequences
- A judgment for the other party's medical bills and damages.
- Wage garnishment, bank levies and liens, subject to exemptions.
- State penalties for driving uninsured, including fines and license suspension in many states.
- A requirement to file proof of insurance later, such as an SR-22.
Your options
- Defend the case if fault is disputed or damages are exaggerated.
- Negotiate a settlement or payment plan.
- Check whether bankruptcy might help if the debt is overwhelming, noting that some judgments for certain conduct may not be dischargeable.
- Ask the court about exempt income and assets.
Protect your finances
Know what income and property your state protects. Do not transfer assets to avoid a judgment, which can be treated as fraud. See our guides to wage garnishment, bankruptcy exemptions and being sued after a car accident.
Prevent it next time
Get at least the minimum coverage your state requires. If cost is the problem, compare quotes and ask about low-cost programs. See our guide to the penalties for driving without insurance.
Frequently asked questions
Will the court give me time to pay?
Sometimes by agreement or court order, but you should ask early.
Can I be jailed for not paying a judgment?
Not simply for the debt, but ignoring court orders can lead to contempt.
What if the crash was not my fault?
Defend the case and raise fault in your answer.