The Steps You Need To Take If You Are Being Sued for a Car Accident—Protect Your Rights, Insurance, and Case in Colorado

Key Takeaways

Immediate action is critical when you are sued for a car accident.
Notify your insurance company first to activate your defense coverage, ideally within 24-48 hours.
Consult a qualified car accident lawyer in Colorado to protect your interests and personal assets.
Understand your lawsuit papers (summons, complaint) and strict legal deadlines to avoid default judgment.
Protect your personal assets by knowing Colorado’s insurance requirements and homestead exemptions.
Avoid common mistakes like admitting fault, speaking with the plaintiff or their lawyer, or posting on social media about the accident or your injuries.
Preserve all evidence related to the accident and your injuries.
CGH Law Firm offers trusted, practical guidance tailored to Colorado personal injury cases.

Receiving a lawsuit for a car accident can be overwhelming and stressful. It’s normal to feel anxious about the financial and legal risks. But knowing what to do if you are being sued for a car accident immediately can protect your rights, insurance coverage, and the outcome of your case.

First, carefully review the lawsuit documents—the summons tells you you’ve been sued, and the complaint outlines the claims against you. Confirm these papers are from the court to avoid scams. Next, notify your insurance company without delay. Colorado law requires your insurer to provide a defense under your policy, but the lawyer they assign may represent the insurance company’s interests, not yours. That’s why contacting a qualified car accident lawyer immediately is essential to safeguard your personal rights and assets, especially if damages might exceed your policy limits.

Colorado’s insurance requirements set minimum coverage amounts, but serious accidents often result in claims beyond those limits, putting your personal property and wages at risk. Understanding deadlines—usually 21 days to respond to the lawsuit—helps you avoid a default judgment, which can mean automatic liability and loss of defense.

Throughout the process, avoid speaking with the plaintiff’s lawyer, admitting fault, or posting details online. Preserve all evidence like photos, messages, and accident reports. By promptly taking these steps, you create a strong defense to navigate your car accident lawsuit in Colorado effectively.

At CGH Law Firm, we provide clear, trusted legal counsel to protect your rights and guide you through every step of this challenging time.

Start Here: Understanding the Shock and What’s at Stake

When you’re served with a lawsuit, the initial shock can be overwhelming. As a defendant in a car accident case, your reputation, financial security, and emotional wellbeing are suddenly at risk. This isn’t just another legal matter—it’s a challenge that can strike at the core of your identity.

The stakes in a car accident lawsuit are substantial. Beyond potential financial damages that could reach into hundreds of thousands or even millions of dollars, you face:

Damage to your professional or personal reputation
Increased insurance premiums
Possible restrictions on your daily life
Emotional distress that can affect your ability to function
Time away from your work and personal life to handle legal matters

Many individuals report that the lawsuit process itself—regardless of outcome—creates significant stress. Remember that being sued doesn’t automatically mean you are at fault. Many excellent drivers face lawsuits during their lives. What matters now is how you respond to protect yourself and your future.

The coming days and weeks are critical. Your actions now will set the foundation for your defense strategy, so proceed thoughtfully and deliberately with each step.

Your First Two Calls: Notifying Your Insurance Company and a Lawyer

After documenting the accident scene, make two critical phone calls: to your insurance company and to a personal injury lawyer. These initial conversations set the foundation for your claim and legal protection.

Why Alerting Your Insurance Company Is Non-Negotiable

Most insurance policies require “prompt notification” of any accident—typically within 24-48 hours. Failing to report quickly can give insurers grounds to deny your claim entirely. Even if you believe you weren’t at fault, reporting protects your coverage and starts the claims process. Remember that notification is not the same as accepting fault; it’s simply following your contractual obligation.

The Role of a Lawyer in Defending Your Interests

A car accident lawyer serves as your advocate when insurance companies prioritize their bottom line over your protection. They can:

Evaluate the true value of the claim against you
Handle aggressive tactics from the plaintiff’s attorneys
Identify additional protection for your assets
Prevent you from making statements that could harm your case
Manage paperwork and deadlines while you focus on navigating the legal challenge

DO share:

Basic accident facts: date, time, location, parties involved
Your policy number and contact information
Police report number
Photos of damages and injuries

DO NOT share:

Statements of fault or apology
Recorded statements without legal counsel
Details about the accident beyond basic facts
Social media posts about the accident

Remember that anything you say can potentially be used against you. When in doubt, simply state, “I’d like to consult with my attorney before discussing this further.”

Understanding the Legal Documents: Deconstructing the Summons and Complaint

When you receive legal paperwork, understanding what you’re looking at is the first step toward mounting an effective defense. A summons and complaint are formal documents that initiate a lawsuit against you.

Decoding Legal Jargon: Summons, Complaint, Plaintiff, Defendant

The summons is an official notice that you’re being sued. It informs you that legal proceedings have begun and requires your response. The complaint details the plaintiff’s allegations against you and what they’re seeking as relief—typically money damages or specific actions.

The plaintiff is the party filing the lawsuit (the person suing you). As the defendant, you’re the person being sued. The complaint will clearly identify both parties and explain the legal basis for the lawsuit.

Recognizing Deadlines and Required Actions in the Papers

Perhaps the most critical information in these documents is the response deadline. This deadline—21 days in Colorado from when you receive the papers—indicates how long you have to file a formal response with the court. Failing to respond by this deadline could result in a default judgment against you.

The summons will specify exactly what action is required, such as filing an “answer” or appearing at a specific hearing. It will also indicate which court is handling the case and where you need to send your response.

Remember that these deadlines are strict legal timeframes. Marking the date on your calendar and taking immediate action is essential to preserving your legal rights.

The Critical Deadline: Why You Must File a Formal “Answer”

When you’re served with a lawsuit, the clock starts ticking immediately. Filing a formal “Answer” is your first and most critical response to protect your legal rights. This document officially states your position on the allegations against you and preserves your ability to defend yourself in court.

Timeframes and What Happens If You Miss Them

In Colorado courts, you have 21 calendar days from the date you were served to file your Answer. Some federal courts typically give you just 21 days as well. These deadlines are strict and rarely extended without compelling reasons. Mark this deadline on your calendar immediately upon receiving court papers.

Consequences of Failing to Respond (Default Judgment)

Missing the deadline to file an Answer can result in a default judgment—where you automatically lose the case without ever presenting your side. The plaintiff may receive everything they asked for in their complaint, including monetary damages, property rights, or other requested relief. Additionally, once entered, default judgments are extremely difficult to overturn.

How to Prepare and File an Answer

Your Answer must respond to each allegation in the complaint by admitting, denying, or stating you lack sufficient information. Include any applicable defenses and file it with the same court where the complaint was filed. Pay the required filing fee (or request a fee waiver if needed) and ensure the plaintiff receives a copy of your Answer through proper service. While you can prepare this document yourself, consulting with an attorney is strongly recommended given the technical legal requirements and the significant consequences of errors.

Colorado-Specific Considerations for Car Accident Lawsuits

Protecting Your Rights in Colorado — State-Specific Advice

Colorado follows unique aspects of personal injury law that directly impact your car accident lawsuit defense. The state adheres to a modified comparative negligence system, meaning you can only be held liable for your percentage of fault in causing the accident—as long as you’re less than 50% responsible. If you’re found to be 50% or more at fault, you cannot recover any damages and may be fully liable to the other party.

Time is critical in Colorado injury cases. While the statute of limitations for most personal injury claims is generally two years, auto accident claims have a three-year window. This means plaintiffs often file lawsuits near the three-year mark, which can come as a shock when you thought the matter was resolved.

Colorado’s minimum auto insurance requirements are relatively low at 25/50/15 ($25,000 per person, $50,000 per accident, $15,000 property damage), making underinsured motorist coverage essential. If you’re being sued for damages exceeding these limits, your personal assets could be at risk. Fortunately, Colorado’s homestead exemption protects up to $250,000 of home equity from creditors after a judgment, providing some financial protection.

When seeking legal representation in Colorado, look for attorneys with specific experience in car accident defense. The Colorado Bar Association offers a referral service to connect you with qualified lawyers. For personal injury defense cases, select attorneys who understand both insurance defense and asset protection. Local knowledge matters—Colorado’s mountain communities and urban centers have distinct legal landscapes and jury tendencies that can significantly impact your case outcome.

Understanding Colorado’s Modified Comparative Negligence Law

Colorado’s modified comparative negligence principles mean your compensation or liability may be reduced by your percentage of fault. If you’re found more than 50% responsible for the accident, you cannot recover damages and may be fully liable to the other party. This makes accurately establishing fault percentages essential to your case.

For example, if the total damages in an accident are $100,000 and you’re found to be 30% at fault, you would be responsible for $30,000. The other party would be responsible for the remaining $70,000. However, if you’re found to be 60% at fault, you would be responsible for the entire $100,000 and could not recover any damages from the other party.

Consider Consulting an Independent Attorney

While your insurance company provides legal representation, an independent attorney can ensure your personal interests are fully protected, especially if damages might exceed your policy limits or if coverage disputes arise. In Colorado, where litigation costs can be high and jury verdicts unpredictable, having your own advocate can make a significant difference in the outcome of your case.

Seeking Medical Attention: Why It’s Critical

Even if you feel fine after an accident, seeking prompt medical evaluation is essential. The adrenaline surge from a collision can mask pain and symptoms, and some serious injuries—including whiplash, concussions, and internal bleeding—may not show symptoms immediately.

Hidden Injuries That May Surface Later

Some of the most common delayed-onset injuries after car accidents include:

Whiplash and neck injuries
Traumatic brain injuries
Spinal cord damage
Soft tissue injuries
Internal bleeding
Post-traumatic stress disorder

Visiting an emergency room, urgent care center, or your primary care physician creates a medical record connecting your injuries to the accident. This documentation becomes vital evidence when defending against compensation claims.

Following Through with Treatment Plans

Once you’ve been examined, follow your doctor’s treatment recommendations precisely. Attend all follow-up appointments, complete prescribed therapy, and take medications as directed. Keep detailed records of:

All medical visits and treatments
Prescription costs
Over-the-counter medications
Medical equipment (like braces or crutches)
Transportation costs to medical appointments

Insurance companies may argue your injuries aren’t serious if you skip appointments or don’t follow treatment protocols. Consistent medical care demonstrates the legitimacy of your injuries and your commitment to recovery.

Dealing with Insurance Companies

Navigating insurance claims after an accident requires careful communication and understanding of your policy details.

Minimum Auto Insurance Requirements in Colorado

Colorado law requires all drivers to carry minimum liability insurance coverage: $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $15,000 for property damage. This basic coverage, often abbreviated as 25/50/15, represents the absolute minimum protection required to legally drive in Colorado. However, these minimums may not adequately protect you in serious accidents where medical bills and vehicle repair costs can quickly escalate beyond these thresholds.

What Happens When Damages Exceed Your Insurance Coverage

When accident damages exceed your policy limits, you become personally responsible for the remaining balance. For example, if you cause $75,000 in property damage but only carry the minimum $15,000 coverage, you’re personally liable for the additional $60,000. Insurance companies will only pay up to your policy limits, leaving you exposed to potential lawsuits that could target your personal assets to recover the remaining damages. Courts may issue judgments that follow you for years.

Protecting Your Home, Savings, and Wages

To safeguard your personal assets from potential liability claims, consider these protective measures: increase your liability coverage limits (we recommend at least 100/300/50), add umbrella insurance for catastrophic situations, establish asset protection trusts, or explore other legal shields. Without adequate protection, accident victims can pursue claims against your home equity, retirement accounts, investments, and even garnish up to 25% of your wages. The modest premium increase for higher coverage limits provides substantial peace of mind compared to the devastating financial consequences of being underinsured.

Avoiding Common Insurance Pitfalls

When communicating with insurance companies—even your own—remember they’re businesses focused on minimizing payouts. Be cautious of these common tactics:

Pressuring you to provide recorded statements
Requesting blanket medical authorizations
Making quick settlement offers before you know the full extent of injuries
Downplaying the severity of your injuries
Delaying claim processing

Keep conversations factual and concise. Document every interaction with insurance representatives, including names, dates, and the content of your discussions. If you feel overwhelmed or pressured, refer the insurance company to your attorney.

Navigating the Legal Process: Colorado Personal Injury Lawsuits Step-by-Step

Personal injury lawsuits in Colorado follow a structured legal process that requires careful navigation. Understanding the timeline, deadlines, and decision points can significantly impact your case outcome and potential compensation.

Lawsuit Timeline in Colorado

The typical Colorado personal injury lawsuit progresses through several key phases. Initially, the plaintiff files a complaint detailing their injuries and damages. You then have 21 days to respond. Discovery follows, lasting 4-6 months, where both sides exchange evidence and take depositions. Mediation often occurs next, with most cases settling during this phase. If no settlement is reached, trial preparation begins, with the actual trial typically occurring 12-18 months after filing.

The “Statute of Limitations” and Late Lawsuits

Colorado strictly enforces a three-year statute of limitations for car accidents. This deadline starts from the injury date or when the injury was reasonably discovered. Many plaintiffs file just before this deadline expires, which is why you might receive lawsuit papers years after the accident occurred. Missing this deadline typically bars the plaintiff from pursuing compensation, with few exceptions. These include cases involving minors (deadline extends until age 20), defendant fraud, or when the injured person was mentally incompetent.

Settlement vs. Going to Trial: Pros and Cons

Settlement advantages include faster resolution (typically 3-9 months versus 1-2 years for trial), guaranteed compensation, privacy, and lower legal costs. However, settlements may offer lower compensation than potential trial verdicts. Trials provide the opportunity for a complete defense and public vindication but involve greater expense, stress, unpredictable outcomes, and lengthy appeals. Approximately 95% of Colorado personal injury cases settle before trial.

Mistakes to Avoid After Being Served

After receiving legal papers, your actions can significantly impact your case outcome. Avoiding these critical mistakes will help protect your legal position and increase your chances of a favorable resolution.

Contact with the Plaintiff or Their Lawyer

Never directly contact the opposing party or their attorney after being served. Any communication should occur exclusively through your lawyer. Unauthorized contact could be used against you, lead to misinterpretations, or result in accidental admissions that damage your case.

Immediately restrict your social media activity. Posts, photos, and comments can be discovered and used as evidence against you. Even seemingly innocent updates about your daily activities could contradict claims in your case. Consider temporarily deactivating accounts or implementing strict privacy settings under your attorney’s guidance.

Avoid discussing your case with anyone except your attorney. Don’t make statements that could be construed as admitting fault, even in casual conversations with friends or family. These admissions might become testimony later. Never sign statements, provide recorded accounts, or answer questions about your case without legal counsel present.

Failing to Preserve Evidence and Important Documents

Maintain all documents and potential evidence related to your case. This includes:

Text messages and emails
Financial records
Photographs
Medical records
Contracts and agreements
Correspondence from the plaintiff

Destroying or altering evidence can result in serious legal consequences, including sanctions from the court or an adverse inference against you in your case.

Social media activity, smartphone data, and vehicle technology can significantly impact your personal injury defense. Insurance companies and plaintiff attorneys actively search for digital evidence to support their claims, making your online behavior critical after an accident.

Posts, photos, and comments that contradict your defense claims can devastate your case. Even innocent vacation photos can be misrepresented to suggest you’re not taking the matter seriously or that your claims about your lifestyle being affected are exaggerated. Remember that timestamps, location tags, and activity descriptions provide powerful evidence against you. Courts regularly permit social media discovery, regardless of privacy settings.

FAQs on Deleting Accounts and Privacy Settings

Should I delete my accounts after being sued? No. Deleting accounts after being served with a lawsuit can be considered destruction of evidence, potentially resulting in serious legal penalties. Instead, pause all posting and increase privacy settings.

Do privacy settings protect me? Unfortunately, privacy settings offer limited protection in litigation. Courts can order you to provide access to “private” content if deemed relevant to your case.

What About Car “Black Box” Data or Dashboard Cameras?

Modern vehicles contain Event Data Recorders (EDRs) that capture crucial information seconds before a crash, including speed, braking patterns, and seatbelt use. Dashboard cameras provide visual evidence that may support or contradict testimony. This technological evidence is increasingly requested in litigation and can prove decisive in determining fault. If your vehicle has these features, your attorney should be made aware immediately so this evidence can be properly preserved and analyzed.

Action Plan: Do’s and Don’ts if You’re Being Sued

What You MUST Do Immediately

When served with lawsuit papers, respond promptly—ignoring them won’t make them disappear. First, document exactly when and how you received the papers. Next, contact an attorney immediately, even before discussing the case with anyone else. Many law firms, including CGH Law Firm, offer free initial consultations to assess your situation. Create a dedicated folder for all documents related to the lawsuit and make copies of everything. Finally, notify your insurance company, as your policy may cover legal expenses for certain types of lawsuits.

Critical Mistakes to Avoid

Never ignore deadlines—courts rarely accept “I forgot” as a valid excuse. Don’t discuss your case with anyone except your attorney, as these conversations aren’t protected by attorney-client privilege and could be used against you. Avoid posting anything about your case on social media platforms—even seemingly innocent comments can damage your defense. Don’t destroy or alter any evidence related to the case, as this could result in severe legal penalties. Finally, never represent yourself unless absolutely necessary—the legal system is complex, and having professional representation significantly improves your chances.

Steps to Prepare for the Next 30 Days

Work with your attorney to develop a strategic response plan. Gather all documents relevant to your case, including contracts, correspondence, receipts, and digital records. Identify and contact potential witnesses who might support your position. Assess your financial situation to understand how you’ll manage legal costs. Consider exploring alternative dispute resolution options like mediation, which could save time and money. Throughout this process, maintain regular communication with your attorney and follow their guidance carefully.

Frequently Asked Questions: Your Top Concerns Answered

How Do I Know This Lawsuit Is Real?

If you’ve received a lawsuit notification, verify its authenticity by checking the court stamp, case number, and attorney information. Contact your local Colorado court clerk’s office directly using their official number (not one provided in the document) to confirm the case exists. Legitimate lawsuits always have proper documentation filed with the court and follow specific legal formalities.

What If I Can’t Afford a Lawyer?

Financial concerns shouldn’t prevent you from seeking legal representation. Many attorneys offer free initial consultations and flexible payment plans. For qualified individuals, pro bono services, legal aid societies, and contingency fee arrangements (where lawyers collect only if you win) provide accessible options. At CGH Law Firm, we work with clients to find payment solutions that fit their circumstances.

Could I Go to Jail for This?

Most civil lawsuits (such as car accident cases, contract disputes, or property damage cases) don’t carry jail time as a consequence. Civil litigation typically involves monetary damages or specific remedies rather than criminal penalties. However, ignoring court orders or failing to appear when required can result in serious consequences, including potential contempt charges.

Is Settlement Always Better Than Trial?

Settlement and trial each have distinct advantages depending on your situation. Settlements offer more control over the outcome, privacy, reduced costs, and faster resolution. Trials may be preferable when fair settlement terms can’t be reached, when establishing legal precedent matters, or when you need public vindication. We provide thorough case analysis to help determine which path best serves your specific legal objectives.

What is the first thing I should do after being sued for a car accident in Colorado?

Immediately contact your insurance company to report the lawsuit and consult a qualified personal injury attorney. Do not communicate directly with the opposing party or their lawyer.

Who should I call first: my insurance agent or a lawyer?

Call your insurance agent first to notify them, but also seek legal counsel promptly, especially if damages exceed your policy limits or if you have doubts about your coverage and defense.

What are a “summons” and a “complaint”?

A summons is a legal notice informing you that a lawsuit has been filed against you. The complaint details the claims and damages the plaintiff is requesting.

How much time do I have to respond to a lawsuit in Colorado, and what happens if I miss it?

In Colorado, you have 21 days from service to respond. Missing this deadline can result in a default judgment against you, meaning the court may automatically rule in favor of the plaintiff.

Will my car insurance company provide a lawyer, and is that lawyer truly mine?

Your insurer often provides a defense attorney, but this lawyer’s primary duty is to the insurance company. If the claim exceeds your coverage or conflicts arise, hiring your own lawyer is advisable.

Can they take my house or savings if I lose the lawsuit?

Colorado law provides some protections, including the homestead exemption, which can safeguard part or all of your home equity. However, assets beyond insurance coverage could be at risk if a judgment exceeds your policy limits.

Do not delete social media accounts abruptly, as that may raise suspicion. Instead, avoid posting any content related to the accident or lawsuit. Opposing counsel can use posts as evidence.

What is the statute of limitations for car accident lawsuits in Colorado?

The statute of limitations is generally three years from the date of the car accident in Colorado. Lawsuits filed near this deadline are common and legally valid.

What is “discovery,” and will I have to give a deposition?

Discovery is the process where both sides exchange information and evidence. Depositions—sworn verbal testimonies—may be required unless a settlement is reached.

How likely is it that my case will go to trial?

Most car accident lawsuits settle before trial to avoid uncertainty and costs. Trial likelihood depends on the willingness to negotiate and case specifics.

How do rideshare accidents affect my insurance and liability?

Accidents involving rideshare drivers complicate liability because commercial insurance usually applies during rideshare activity. Personal policies may exclude coverage in these situations. Consult an attorney familiar with rideshare cases.

Why CGH Law Firm? Expertise and Representation for Your Car Accident Case

When facing the aftermath of a car accident lawsuit, having experienced legal representation can make all the difference in your defense and protection of assets. CGH Law Firm combines decades of experience with personalized attention to ensure your rights are protected throughout the legal process.

Our Experience with Auto Accident Lawsuits

At CGH Law Firm, our attorneys have successfully handled thousands of car accident cases throughout Colorado. We understand the complexities involved with insurance companies, medical providers, and the court system. Our track record includes securing favorable outcomes for clients facing claims ranging from minor injuries to catastrophic damages. We approach each case with the detailed attention and legal expertise needed to minimize your liability and protect your assets.

What to Expect from Your Legal Team

When you work with CGH Law Firm, you’ll receive dedicated legal support from start to finish. Our team will:

Conduct a thorough investigation of the accident allegations
Gather and preserve crucial evidence for your defense
Handle all communication with insurance companies and opposing counsel
Consult with medical experts to evaluate injury claims
Calculate realistic exposure and develop settlement strategies
Negotiate aggressively on your behalf or take your case to trial if necessary

You’ll never be left wondering about the status of your case, as we provide regular updates and make ourselves available to answer your questions.

How to Contact Us for a Free Consultation

Taking the first step toward legal representation is simple. Call our office to schedule a free, no-obligation consultation. You can also fill out our contact form online, and a member of our team will reach out within 24 hours. We offer virtual consultations and can meet with you at your home or office if you’re unable to travel.

What to Do If You Are Being Sued for a Car Accident