What To Do If You Are Sued Following a Car Accident in Missouri

EC Duckworth • March 9, 2026

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. While EC’s law firm focuses its practice almost exclusively on helping plaintiffs (i.e., the injured party) recover the compensation they deserve after a car accident, EC started his career as a defense attorney.

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If You Are Potentially Facing a Lawsuit After a Vehicle Wreck, You Need to Review Your Legal Options With a Missouri Injury Attorney Like EC Duckworth

Being served with a lawsuit after a car accident can feel overwhelming. Many people panic when they are served with legal documents with words like “Petition,” “Summons,” or “Plaintiff.” However, if you find yourself being sued after a car accident, take a deep breath. A lawsuit is not the end of the world, and it is often simply the next step in the legal process when a settlement cannot be reached beforehand.

In many Missouri car accident cases, settlement negotiations stall because there is a dispute about: Liability (who was at fault for the crash), or Damages (how much the claim is worth). When this happens, the injured party’s attorney may file a lawsuit to move the case forward. Importantly, the vast majority of personal injury cases in Missouri settle before trial, even after a lawsuit has been filed.

If you’ve been sued after a car accident, here are the steps you should take.

Step 1: Do Not Ignore the Lawsuit

One of the worst things you can do is ignore the legal paperwork. If you are served with a lawsuit in Missouri, you typically have 30 days to file a formal response (called an “Answer”) with the court. If you fail to respond within this time frame, the plaintiff may seek a default judgment against you. A default judgment means the court may rule against you automatically without hearing your side of the case. For this reason, it is critical to take the lawsuit seriously and respond quickly.

Step 2: Contact Your Auto Insurance Company Immediately

If you had auto insurance at the time of the accident, your first call should be to your insurance company. Most auto insurance policies include two important protections:

Duty to Defend

Your insurance company must hire and pay for an attorney to defend you in the lawsuit.

Duty to Indemnify

Your insurer must also pay any settlement or judgment entered against you, up to the limits of your insurance policy.

For example, if you have $100,000 in liability coverage, your insurance company will generally pay up to $100,000 to resolve the claim in addition to paying for the costs of your lawyer.

Step 3: Understand That Your Insurance Company Usually Chooses the Lawyer

Many people are surprised to learn that they usually do not get to choose the defense attorney hired by their insurance company. Most insurance carriers have agreements with certain law firms to handle their personal injury defense cases within specific geographic regions. These lawyers regularly defend automobile accident claims on behalf of insurance companies.

Your insurance defense lawyer will typically:

File an answer to the lawsuit
Conduct written discovery
Take depositions of parties and witnesses
Hire experts if necessary
Attempt to resolve the case through settlement negotiations
Defend you at trial if the case does not settle

Step 4: Cooperate Fully With Your Defense Attorney

Once your insurance company assigns a lawyer to defend you, it is important to cooperate with them. Your attorney may request accident details, photos, or videos from the scene, your insurance policy information, medical records if you were injured, and witness information (among other information). Respond to these requests promptly and honestly. Providing incomplete or inaccurate information can harm your defense and may complicate your insurance coverage.

Step 5: Avoid Posting About the Accident or Lawsuit on Social Media

Anything you post online can potentially be used as evidence in the case. Examples of risky social media activity include: posting about the accident, discussing the lawsuit or legal process, sharing photos that contradict your testimony, and commenting on the plaintiff’s injuries.

As a general rule, it is best to avoid posting about the accident or lawsuit entirely until the case is resolved.

Step 6: Consider Hiring Personal Counsel

Although the insurance company hires a defense lawyer to represent you, that attorney is ultimately being paid by the insurance company. In most cases, the interests of the insurance company and the insured driver align. However, potential conflicts can arise in certain situations. For example, possible conflicts arise when the plaintiff’s damages exceed your insurance limits, when the insurance company refuses to settle within policy limits, or if a coverage dispute arises. In situations where your personal financial exposure is significant, it may be wise to consult with your own attorney for independent legal advice.

Step 7: Encourage Your Insurance Company to Settle Within Policy Limits

If the plaintiff’s injuries are serious and their damages may exceed your insurance coverage, it is important that your insurance company carefully evaluate settlement opportunities. In Missouri, insurance companies can sometimes face bad faith claims if they unreasonably refuse to settle a claim within policy limits and expose their insured to an excess judgment. You (or your personal counsel) can send a “Hammer Letter” to your insurance company, expressing your desire that your insurance company settle the case within your policy limits.

Step 8: Understand That Most Cases Still Settle

Many people assume that once a lawsuit is filed, the case will inevitably go to trial. That is rarely the case. Most Missouri personal injury lawsuits settle before trial, often during discovery or mediation.

After the lawsuit is filed, the case typically proceeds through several stages:

1. Answer filed by the defendant

2. Written discovery exchanged

3. Depositions of parties and witnesses

4. Expert witnesses retained

5. Settlement negotiations or mediation

6. Trial (if the case does not settle)

This process can take months or even years, depending on the complexity of the case.

Consult Duckworth Injury Law About Your Missouri Car Accident Lawsuit. Our Understanding Counsel Will Walk You Through It From Beginning to End

Being sued after a car accident in Missouri can feel intimidating, but it is a common part of the legal process when settlement negotiations stall. If you are sued: notify your insurance company immediately, cooperate with your defense attorney, avoid discussing the case publicly, and consider consulting personal counsel if significant financial exposure exists. Most importantly, remember that the majority of personal injury lawsuits are resolved through settlement long before trial.

If you were injured in a car accident in Columbia, Jefferson City, Lake of the Ozarks, or anywhere in Mid-Missouri, understanding the legal process is critical to protecting your rights. At Duckworth Injury Law, attorney EC Duckworth helps injury victims navigate the legal system and pursue the compensation they deserve.