Writ of summons

A writ of summons is the court document that formally starts a civil lawsuit, naming the parties and requiring the defendant to respond.

In a road accident claim, filing a writ of summons is usually the step taken once negotiation with the insurer has stalled or a deadline is approaching, rather than the first thing that happens after an accident. It is served on the defendant, who must then file a defence within a set time or risk judgment being entered against them.

Filing a writ does not mean the case will go to trial. Many claims still settle after this step.

Filing a claim in court explains how and when this document is used. An independent lawyer can prepare and file it for you.