I was served with a lawsuit after a car accident. What do I do, and does my insurer help?

Car insuranceOtherCaliforniaChecked Nov 6, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: California Department of Insurance View original ↗

In short

Tell your insurer right away and give them the original papers.
Do not talk about the accident with anyone except your company.
If the suit comes from a covered loss, your company provides a legal defense.

What this means

CDI says that if you are served with a lawsuit (Summons and Complaint) as a result of an accident, you should "Notify your agent and insurance company immediately." Keep a copy for yourself and mail or deliver the original documents to your company [1].

CDI says: "Do not give statements or discuss the accident with anyone except a verified representative of your company." If the lawsuit arises out of a covered loss, "your company will provide legal defense." [1]

Your next step

Send the original papers to your insurer today and keep a copy. The page gives no number of days, but court papers have their own response dates; ask your insurer and read the papers for the date. This note does not give legal advice.

Check it yourself

Open the CDI guide below and read the question about a lawsuit on page 10.

Where this comes from (1)

[1] California Department of Insurance · checked 2026-11-06
What should be done if you are served with a lawsuit (Summons and Complaint) as a result of an accident? A. Notify your agent and insurance company immediately. Keep a copy for yourself and mail or deliver the original documents to your company. Do not give statements or discuss the accident with anyone except a verified representative of your company. If the lawsuit arises out of a covered loss, your company will pr…

How we found this

We matched your question to 1 official source, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.

What we don’t know yet

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Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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