“I’m Being Sued for an Accident that Wasn’t My Fault!” 

Reviewed by Kara H. North, Managing Attorney at Moxie Law Group. Last reviewed September 21, 2026.

“I’m Being Sued for an Accident that Wasn’t My Fault!” 

Who Told You that You’re Not at Fault? 

If you have been in an accident, a lot of people will have opinions about who is at fault for the accident. . You, the other driver, the investigating police officer, witnesses, may all have different conclusions. Further, your own insurance company may determine you’re at fault and accept liability on your behalf. If they do this, that may subject you to being sued when your insurance company doesn’t want to pay the amount asked for by the other party or their attorney.  If this has happened to you, but you are confident, you are not at fault, you may want to consult with a personal injury attorney. They are likely in the best position to help you challenge the determination of your own insurance company. You may have consulted with an attorney who’s opined that you are not at fault. So, if you get a call about being sued for an accident that the police said you didn’t cause, don’t assume that you can’t be sued, or that you aren’t at fault.  

How Do Insurance Companies Decide Fault? 

Insurance companies will review evidence such as photos, videos, witness statements, traffic control data, and more. They’ll also look at police reports, and they may even look at medical records if there were injuries that may indicate fault. Tire skids on the road may indicate fault, as well as damage to land features or traffic structures may also indicate which party is at fault for the collision. If you and another person get into an accident, both of your insurance \ companies will work together to decide who’s at fault for an accident—and this can take a while especially if it’s not immediately obvious, or both parties share fault. Remember, neither insurance company wants their client to be at fault for the car accident and they both have to reach an agreement regarding who caused the car accident. 

This Is What Insurance Is For 

So, if you got that phone call claiming that you’re being sued for a car crash, don’t panic: this is what insurance is for. Each month you pay a premium in exchange for financial coverage—up to the policy limit of course—in the event that your negligence causes someone else to sustain damages. Therefore, if you get that dreaded call or letter to inform you that you’re being sued, your first call should be to your own insurance company. You’re paying these monthly premiums requires the insurance company to provide you with a defense attorney and, in the event that you are liable for the accident, your insurance company will cover the costs of the damages up to the policy limit. The insurance company has an obligation to act in your best interest, even above their own interest, which means they should resolve the claim within the policy limits, as opposed to exposing you to personal liability, or having to pay some amount of judgment beyond the policy limit amount. If they fail to do this, you may have your own claim to sue your insurance company, called a “bad faith” lawsuit. The only people who should be worried about paying judgments personally are the people who don’t have insurance (this is your sign to get insurance if you’re driving around without it). 

What Should You Do? 

When you are notified that you’re being sued—and you will be notified—immediately call your insurance company and let them know that you’re being sued. There are certainly timelines within which you or your insurance company need to respond, and failure to timely respond could result in a default judgment, so don’t delay. If you have sustained injuries in the accident, and you do not think that the accident is your fault, a personal injury attorney may be able to help. In this situation, it’s not uncommon for you to need two attorneys, a personal injury one to help with your claim against the other driver, and your insurance defense attorney, to defend you from other claims against you.  These two attorneys will work together to help you on all aspects of your claim. While you can’t file a personal injury claim if you caused the crash, just because the insurance company says you caused the car crash doesn’t mean that you really did. If you’ve sustained injuries, you may want to get a second opinion from a personal injury attorney and see if you may have a claim against the other driver. If you were in a car crash but you did not sustain injuries, a personal injury attorney will not be able to help you. In this case, you do not need an attorney beyond the one provided by the insurance company. 

A Note on Scams 

There are a lot of scams going on that involve scammers impersonating insurance companies and insurance agents. Insurance agents should never call you and tell you that you can pay less if you pay in cash/pay upfront. Nor should they tell you that you can just pay them cash and the lawsuit goes away. If you are unsure of whether or not you’re speaking to a real insurance agent, you can always hang up and call the insurance company’s number that’s available online.  

If You’ve Been Injured 

If you’ve sustained injury due to the negligence of someone else, Moxie Law Group is here for you. Our attorneys are dedicated to helping you get the compensation you need to recover from the injuries you’ve sustained due to the negligence of another person. If you’ve been injured and you’re considering filing a personal injury claim, contact Moxie Law Group today and schedule your free consultation.