Will my insurance company defend me in court if I’m sued? (2025 Lawsuits)
You might wonder, "Will my insurance company defend me in court if I'm sued?" Liability insurance, costing around $60 per month, typically includes legal defense for covered claims. However, your insurance will not defend cases involving exclusions or uncovered claims, leaving you liable.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
UPDATED: Jan 28, 2025
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jan 28, 2025
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Will my insurance company defend me in court if I’m sued? Most liability insurance policies, averaging $60 per month, include legal defense for covered claims, so you’re assured of a lawyer for your case.
However, there could be exclusions or uncovered claims that leave you liable; thus, knowing what to do if you are sued is essential. Knowledge of the details of insurance coverage ensures no hidden surprises. Check and scrutinize your policy for limitations or exclusions, as these will automatically determine the extent to which legal defense is available. Consult with your insurer to ensure complete coverage in case a lawsuit arises.
Securing the lowest possible quotes depends entirely on a proper comparison of these. Enter your ZIP code now into our free tool, and get access to options perfectly fitted for you.
Understanding Covered vs. Uncovered Claims
Liability insurance will differentiate between a covered and uncovered claim, whereby the difference hits your legal defense directly. For instance, these are covered claims that fall on the scope of your insurance; therefore, a court case will easily be represented and defended by the insurer.
Covered vs. Uncovered Claims| Category | Covered Claims | Uncovered Claims |
|---|---|---|
| Definition | Claims that are included in your insurance policy’s terms and conditions. | Claims excluded under the policy’s terms, conditions, or exclusions. |
| Examples | - Collision damage - Theft - Weather-related damage - Vandalism - Fire | - Routine wear and tear - Mechanical breakdowns - Intentional damage - Unreported incidents |
| Policy Requirement | Must fall within the coverage outlined in the policy. | Not mentioned or explicitly excluded in the policy document. |
| Deductible | Typically, the deductible applies before coverage kicks in. | No coverage provided, so no deductible applies. |
| Proof Required | Evidence such as police reports, photos, or repair estimates may be required. | Claims are outright denied, so additional proof is often irrelevant. |
| Common Reasons Denied | N/A | - Late filing - Policy expired - Excluded risk (e.g., floods in standard auto policies) |
| Claim Process | File a claim through the insurer, meet requirements, and pay any deductible for covered repairs. | Claims are rejected outright or deemed ineligible during the review process. |
On the other hand, uncovered claims arise due to exclusions or incidents not mentioned in your policy. Your insurer will not defend you under criminal law exclusions or specific circumstances. With these differences in mind, you will better understand what your policy excludes and thus avoid unwanted financial responsibility. Always review your policy for its exclusions, especially those involving criminal law, and consult your insurer to clarify the coverage details further.
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How Your Insurance Defends You in Court
When you purchase liability insurance, part of the insurance company’s obligation is to defend you if you are sued. The insurance company will hire and pay an experienced attorney to represent you in court. Although the insurance company selects the lawyer and must approve the payment of all legal fees and other lawsuit expenses, the lawyer represents you.
Sometimes, your insurer may send you a reservation of rights letter as part of handling insurance claims. This letter is issued because your insurer must defend you on any claim that could be covered. If the lawsuit against you involves claims that may be covered and others that are not, the insurer will still provide a defense. However, if the verdict is such that you are held liable for a non-covered claim, the insurance company will not pay the claim, even though they provided legal representation.
If you wonder, “Will my insurance company represent me?” The answer is that although the lawyer appointed may be responsible for defending you in the lawsuit, you are not obliged to have the same lawyer defend you in counterclaims you may have against other parties. You should see your attorney and make sure that your interests are protected.
Dealing with a Lawsuit After a Settlement in a Car Accident
It can be confusing and stressful if you’re being sued for a car accident months after your insurance company has settled with the other driver. Sometimes, the settlement with the other driver does not necessarily release you from all potential legal claims. If the other party believes they have additional grounds for suing, they may take legal action against you even after the settlement.
I am being sued for a car accident 6 months later after my insurance company settled with the other driver?
byu/OneOneSix inInsurance
The liability coverage offers a defense through your insurance company, depending on what is included in the terms of your policy and your lawsuit. Auto insurance coverage is different from state to state and often provider to provider, so be prepared for this by making sure you ask the right questions when signing on with an auto insurance company.
Case Studies: Liability Insurance and Defense in Court
This chapter offers case studies illustrating how liability insurance impacts defense conduct in litigation. All examples feature multiple cases covered claims to excluded cases, further insights into how insurance works if you get sued.
Case Study 1: The Reservation of Rights Letter
Sarah runs a small enterprise and maintains liability coverage for her company. One afternoon, she was served with a lawsuit by an injured customer due to a harmful product. Will my insurance cover my defense costs? Sarah anxiously asks that question as her insurance company assigns her counsel to take her case to court. On the other hand, a reservation of rights letter means that Sarah’s defense coverage may carry some conditions and limitations.
As the case advances, Sarah’s lawyer fights very hard to defend her against the customer’s claims. During the trial, though, it came out that the damages from the defective product fell under an exclusion in Sarah’s insurance policy. Although the insurer pays the legal fees and other expenses, Sarah incurs the awarded damages against her.
Case Study 2: Counterclaims and Individual Representation
John is the victim’s property owner, and his case concerns property damage caused by negligence. The neighbor has chosen to present the case to him. Since John’s policy encompasses this kind of liability, the lawyer appointed by John’s insurance firm begins representing John in court. Meanwhile, John still believes some of the blame for causing damages may be resting upon the neighbor’s shoulders, and he also wants to file a counter-claim.
John consults his attorney to protect his interests, and the attorney advises him on the counterclaim and represents John separately. The attorney appointed by the insurance company defends John against the claim by the neighbor. His attorney handles the counterclaim against the neighbor, ensuring that John would be perfectly represented in any potential class action lawsuit law related to the dispute.
Throughout the lawsuit, both lawyers work together to create a sound defense strategy for John. The insurance company covers the legal fees incurred by the lawyer who defends John against the neighbor’s claim. Meanwhile, John will incur counterclaim any damages that might be awarded against him by the counterclaim he filed against his neighbor.
Case Study 3: Coverage Determination and Adequate Representation
Lisa is a driver who is liable for an accident. The other party has filed a lawsuit against Lisa, claiming compensation for injuries and property damage. Lisa’s auto insurance policy has liability coverage, and her insurance company assigns an attorney to defend her in court.
During the trial, it turned out that the accident was covered under Lisa’s insurance. The insurance company’s lawyer is interested in a defense-friendly verdict for Lisa. The company pays for all the costs of lawyers and other expenses associated with the defense.
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Legal Defense With Liability Insurance Coverage
Liability insurance could provide much-needed legal representation if a car insurance company were to sue you. The coverage pays for the appearance of an attorney in court for covered claims under your policy; it will give you some control over the financial costs of litigation.
Michelle Robbins
Licensed Insurance Agent
However, if the lawsuit involves exclusions or claims not covered by your policy, the insurer is not required to defend you. In these cases, you may need to pay for your legal representation, which could result in significant out-of-pocket costs.
Compare quotes to get the best insurance coverage. Enter your ZIP code into our free tool now to see what rates you qualify for.

Frequently Asked Questions
How do you fight with an insurance company?
Fighting an insurance company typically involves documenting everything thoroughly, understanding your policy, filing a formal complaint, and escalating the issue to a regulatory body if necessary. If the dispute remains unresolved, you can also consider legal action.
What happens if someone sues you for more than your insurance covers in NC?
If someone sues you for more than your insurance covers in North Carolina, you are responsible for paying the difference. You may need to negotiate a settlement or pay the remaining balance out of pocket if the case goes to court.
What is the duty to defend in general liability insurance?
The duty to defend in general liability insurance means the insurance company is obligated to protect you against any legal claims covered by the policy, regardless of whether or not the claim has merit. This is separate from the obligation to pay damages. Similarly, the best liability-only car insurance focuses on covering legal costs and defense for claims related to accidents where you are at fault without covering damages beyond the liability limits.
What happens if someone sues you for more than your insurance covers in Washington?
If someone sues you for more than your insurance covers in Washington, you may be personally liable for the difference. This means your assets could be at risk unless you have umbrella coverage or other forms of protection.
What are the possible solutions to a denied claim?
Possible solutions to a denied claim include appealing the decision, submitting additional documentation, negotiating with the insurer, or seeking legal advice. You can also file a complaint with your state’s insurance department.
What is a dispute in insurance?
A dispute in insurance refers to any disagreement between a policyholder and their insurer, typically over claim denials, coverage limits, or policy terms. If negotiations fail, litigation may be necessary to resolve the dispute.
What happens if someone sues you for more than your insurance covers in Texas?
If someone sues you for more than your insurance covers in Texas, you are personally responsible for paying the difference. Your assets, such as savings or property, could be at risk unless you have additional coverage or legal defenses.
Can insurance drop you for too many claims?
Yes, an insurance company can drop you for too many claims. This typically occurs if your claims history is considered high risk or the number or type of claims filed breaches the insurer’s terms.
Can someone sue you after insurance pays in California?
Yes, in California, someone can sue you after insurance pays. If the insurance payout does not cover all the damages or the policyholder is dissatisfied with the settlement, they may pursue further legal action. Learn where to find a lawyer.
What is the obligation to defend?
The obligation to defend is the insurance company’s duty to provide legal defense for policyholders when they are sued for covered incidents. This includes paying for legal fees, even if the lawsuit is later determined to be invalid.
What does general insurance protect?
General insurance protects against property damage, liability, theft, fire, and accidents. The specific coverage depends on the type of policy you hold.
What is a defense to liability?
A defense to liability is a legal argument or evidence presented to reduce or eliminate your responsibility for damages in a lawsuit. This can include proving the absence of negligence or that the incident is outside the scope of your policy.
Read more: Do I need multiple policies to get enough coverage?
What happens if someone sues you for more than your insurance covers in Florida?
If someone sues you for more than your insurance covers in Florida, you may be personally liable for the difference. Having umbrella coverage or other supplemental policies could help cover the remaining costs.
What is the maximum claim liability?
The maximum claim liability is the highest amount your insurance company will pay for a covered loss under the terms of your policy. It’s often stated as a policy limit and varies by coverage type.
What happens if you have no insurance but the other driver was at fault in Washington state?
If you have no insurance but the other driver was at fault in Washington state, you may still be entitled to compensation through the other driver’s insurance or a lawsuit. However, without auto insurance, you may face penalties for driving uninsured.
What happens after a claim is denied?
After a claim is denied, you can review the insurer’s reasons, appeal the decision, provide additional information, or file a complaint with the state’s insurance regulator. Legal action may also be an option in some cases.
How do you write an appeal letter to an insurance company?
When writing an appeal letter to an insurance company, provide precise details about the claim, explain why you believe the denial was wrong, include any supporting documentation, and formally request a reevaluation of your case.
What happens when claims are rejected?
When claims are rejected, the insurance company typically provides a reason based on exclusions or policy terms. You may be able to appeal the rejection, renegotiate the terms, or take legal action if necessary.
Learn more: What to Do When Your Car Insurance Claim is Denied.
How do you argue with an insurance company?
To argue with an insurance company, gather all relevant documentation, understand your policy, present a well-reasoned case, and, if necessary, escalate the dispute to a regulator or seek legal assistance.
What happens if I dispute a claim?
If you dispute a claim, you can appeal the decision with your insurer, provide additional evidence, and work with them to resolve it. If this fails, you may file a formal complaint with a regulatory body or pursue legal action.
What happens if a claim is denied as not medically necessary?
If a claim is denied as not medically necessary, you can appeal the decision by providing additional medical records or documentation to demonstrate the necessity of the treatment. You may also seek a second opinion from another healthcare provider.
Compare insurance quotes to unlock better rates. Enter your ZIP code in our free tool to see how different offers compare.
What happens if someone sues you for more than your insurance covers in Oregon?
If someone sues you for more than your insurance covers in Oregon, you may be responsible for the remaining balance. Umbrella insurance or personal assets may be used to settle the difference.
What is the maximum amount you can sue for in small claims court in Texas?
The maximum amount you can sue for in small claims court in Texas is $20,000. This limit applies to individual claims involving monetary disputes or damages.
What is the maximum amount an insurance company will pay for all covered losses during a policy period?
The policy limit represents the maximum amount an insurance company will pay for all covered losses during the policy period. It varies depending on the coverage type and the policy’s specific terms. Understanding your policy limits is crucial when evaluating your protection needs and answering the question, “How do I know if I chose the right coverages?“
How many claims are too many?
An insurance company’s definition of “too many” claims varies. However, depending on the insurer’s policies, a higher frequency of claims may result in increased premiums or cancellation of coverage.
Will my insurance increase after a claim?
Yes, your insurance premiums may increase after a claim, mainly if the claim is significant or your insurer determines you are a higher risk. However, this varies depending on the insurer and the nature of the claim.
Can an insurance company deny a claim?
Yes, an insurance company can deny a claim if your policy does not cover it, is submitted after the claim deadline, or violates the policy terms. To avoid this, it’s essential to regularly review your coverage and ask, “How do I know if I chose the right coverage?” If a claim is denied, review the reasons and explore options for appeal.
What happens after you agree to a settlement?
After you agree to a settlement, the insurance company will typically issue payment to the other party, and you will be released from further liability related to the incident. Ensure you understand the terms of the settlement before agreeing.
How much are most personal injury settlements?
Most personal injury settlements vary widely based on the severity of the injury, medical costs, and other damages. Depending on the circumstances, settlements can range from a few thousand dollars to much higher amounts.
Can someone sue you for a car accident if you have insurance in Texas?
Yes, even if you have insurance, someone can sue you for a car accident in Texas. However, your insurance company will typically cover damages up to your policy’s limits, and you may be personally responsible for amounts above that.
Finding the best rates starts with comparing quotes. Use our free tool to explore the available quotes. Enter your ZIP code today.
Do insurance companies want to go to court?
Does business insurance cover civil lawsuits?
Yes, business insurance typically covers civil lawsuits, including situations such as a family first life insurance lawsuit, depending on the policy. General liability insurance, for example, can cover legal expenses, settlements, and judgments resulting from lawsuits related to property damage, bodily injury, or other covered claims. However, businesses should carefully review their policy to understand the specific coverage and exclusions, especially in cases like when an insurance company takes you to court.
Find the right lawyer for your legal issue.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

