Hit and Run Victim. Can the Person at Fault Counterclaim? Please read details.?

Question

I was driving behind a car which came to a halt without warning. I sounded my horn to see if the driver had stopped and parked or was just stopping momentarily. He then put on his warning lights. At this point he was double parked. As soon as it was safe to do so, I began to pass him. Whilst I was doing so, one of his pasengers opened her door out onto the oncoming traffic hitting my car and damaging the door. I pulled over and asked her if she had not seen me at which point one of tne male occupants of the car told me that he was going to knock me out. Being 5.5 mnths pregnant and scared, I went back to stand next to my vehicle while the other car inhabtitants stood around laughing. Then they just drive off. Witnesses got the plate and had called the police. About 30 mins later, the car returned, dropped off one of the girl passengers who looked drunk and drove off again. I filed a police report .I will contact my ins. tomorrow. Is there any way this idiot could try to counter claim?

I should add that I am in MA, this was late on a Staurday night. The witness I chose did hear the guy threaten me. I suggested to the cop (when he finally turned up) that the guy had probably been drinking and that he went away to switch out drivers. When they saw no police in sight they drove off again. Cop was really nice, but I won't have a chance to get the police report before my insurance does. I know I was in the right, but you never know what these losers will try once they have sobered up and assessed the damage!

Answer 1

Anyone can try to counter-claim but this guy is not likely to succeed in it, even if he does.

1.) There are witnesses (hopefully you've gotten the names),

2.) he ran away from the scene (a crime in and of itself) and

3.) he threatened you (which is assault).

Your insurance company should take care of everything for you, and as long as they have all the necessary information, there should be no problems.

Answer 2

Anyone can file a counterclaim. Since he was doubleparked, left the scene of an accident, and you have witnesses, you appear to be in the right. Did the witnesses hear him threaten you?

Honestly, this could go either way. He was stopped, and you hit his car. But since the passenger opened the door on the side of traffic, the passenger caused the accident. Since he drove away, it could be argued that he didn't feel any need to get your information at the time of the accident so he didn't think you were to blame. You should argue that he took off because he didn't want to accept responsibility for his actions. He was parked illegally and he allowed someone to open the car door on the side of traffic without checking for moving traffic.

Some states have "no fault" clauses, so this may all be moot.

Answer 3

The first thing you should have done was complain about an ache or pain! That immediately changes the scene to a "leaving the scene of a personal injury accident" which would have brought criminal charges against the other driver! However, it might be too late for that avenue so I would definitely take the names of witnesses and wait for the insurance company to notify you of any claims against you. At that time, your insurance company will more than likely obtain legal counsel to represent the case in their intrest. Even though it is illegal in most states to exit a vehicle on the traffic side, you will be held responsible because you hit their vehicle! The law also states you must be in control of your vehicle at all times!
This sounds like a wait and see proposition!

Answer 4

You illegally pulled with the help of a motorized vehicle parking area on your hulking monster of a automobile (like you frequently do), hit yet another automobile yet did not note it and were given into an coincidence driving recklessly remote from a guy you hit interior the first position... through the way, it really is precisely how a DA and a decide is going to verify your tale... in case you write a letter to this effect as your protection, your very probable to locate an unsafe operation, failure to furnish, and a reckless driving cost ticket ontop of your Hit and Run

Answer 5

No way and if he does,They will investagate,read police report,you had withness and he left the seen of the acciddent,Do youKnow how sKrewed he is!And even if he does,once the insurance company here yout side of storie and read police Repot,I hope that was putting him at fault and he also threaten you,And you make it clear to he,s insurance company,{even if he has one]That you wear in fear of yours,and your Babys life and your thinking of soooeing because know your having nightmares and thats putting your baby under stress,They are gona try to send you a check with out you even threating to sue!Don,t worry sweety,You got that loser,basterd right by the Balls!I,m just so happy you and your un Born child are O.k.,And Don,t worry,Stress is the worst thing for you when your preg.Good Luck Sweety,I,ll pray for you and your baby,Hollywood

Answer 6

Not very likely. Let your insurance company handle it unless you think you need to be represented by attorney. In most states, it's illegal to double park, and illegal to open a door on the traffic side to let passengers out, so you aren't at fault.

Answer 7

Don't fret. If you have credible witnesses just let your insurance handle this -- and do NOT talk with anyone involved with this accident except their insurance company (as if.....). They sound like a bunch of hillbillies and you do not want to get into any verbal situation with them. The claims adjusters can handle these bozos.

Answer 8

The other person can do anything he wants. Whether he prevails is a different story. There is no way to stop him from making a claim against you. Your insurance company will just have to investigate on your behalf and determine who is responsible.

Answer 9

Anyone can try to counter sue at anytime. However you have a witness to stand by you

Answer 10

Not likely, but if you feel better, get a lawyer that wont charge unless you win a case.