What is a defendant?
A defendant is the person or business being sued in a civil case; in a criminal case, it is the person accused of a crime. In an injury lawsuit, the defendant is usually the driver, property owner or company blamed for the harm, even when their insurance company is the one paying for the defense.
Last checked November 9, 2026 · Official sources (5)
Who is the defendant after a crash? An example
EXAMPLE ONLY. Kevin runs a stop sign in Mesa and hits Luis, who has $25,000 in medical bills. Luis sues Kevin, not Kevin's insurer. Kevin is the defendant. His insurer hires a lawyer to defend him and decides whether to settle, usually up to his $25,000 policy limit.
Now flip it. Kevin says Luis was speeding and files his own claim. Luis is now also a defendant on that claim. Being a defendant does not mean you did anything wrong. It means someone has asked a court to make you pay.
Why does it matter who the defendant is?
If you were hurt, naming the right defendant decides who has to pay. The van driver may have little money, but the company that employed him may have a large policy. A missing defendant can be hard to add once the deadline to sue has passed. Sometimes more than one defendant shares the blame, such as a driver and the bar that kept serving him, and each may have separate insurance.
If you are the one sued, the papers start a short clock to respond. A defendant answers in writing, setting out the grounds for defense. Most auto policies require you to notify the insurer quickly, and a late notice can complicate the defense.
How long does a defendant have to answer?
| Court | Time to answer after being served |
|---|---|
| Federal court | Generally 21 days |
| Texas | By 10:00 a.m. on the Monday after 20 days have passed |
| California | 30 days to file an Answer or other response |
The summons or citation you receive states the deadline that applies. Read it the day it arrives.
Civil defendant vs. criminal defendant
The same word covers both. A criminal defendant is accused of a crime and can face jail. A civil defendant faces a claim for money. A driver who causes a crash while drunk can be a defendant twice, in two separate cases, with different rules and different outcomes.
Questions
Can I name the insurance company as a defendant?
In most injury cases, no. You sue the at-fault person or business, and the insurer defends and pays under the policy.
What happens if a defendant ignores the lawsuit?
The plaintiff can ask for a default judgment. That is why a defendant has to answer by the deadline in the papers.
Does the defendant have to pay out of pocket?
Usually the insurer pays up to the policy limits. Any amount above the limits can become the defendant's personal debt.
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See if I’m owed moneySources (5)
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “In a civil case, the person or entity against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.”
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.”
- Fed. R. Civ. P. 12(a)(1)(A), checked 2026-11-09. “within 21 days after being served with the summons and complaint”
- Tex. R. Civ. P. 99(b), checked 2026-11-09. “The citation shall direct the defendant to file a written answer to the plaintiff's petition on or before 10:00 a.m. on the Monday next after the expiration of twenty days after the date of service thereof.”
- California Courts Self-Help Guide, checked 2026-11-09. “You have 30 days to file an Answer or other legal response after you’re handed”