I was involved in a car accident in which I was at fault. It was a low speed, less than 10mph. Thing here is that the other driver swerved in front of me and slammed on his brakes. He had insurance, but was not registered. Not being registered in my state is grounds for a driver's license suspension. The driver is being represented by an attorney claiming body injury. If this goes to court, can I countersue because he was driving illegaly?
2007-10-26 11:20:32 · 9 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
I doubt if you would even be allowed to bring it up in court, since it has no bearing on the facts which are you hit him and were at fault. Can you? Sure, if you want to hire an attorney to represent you in that action. Would you prevail? Probably not for the reasons cited.
Why not just let your insurance company handle it? That's what they are getting paid to do.
2007-10-26 11:27:40 · answer #1 · answered by oklatom 7 · 1⤊ 0⤋
If the other driver filed a law suit - your company would defend and as part of that may file a counter suit - claiming the other driver is negligent for cutting off your stopping distance etc. - sometimes the best defense is a good offense type of thing.
The main thing to keep in mind - if the other driver files a law suit - he will serve the papers on you (not your insurance company). If you get suit papers - call your insurance company immediately! They will hire an attny to defend you (per your policy provisions) but they have a limited time to get an answer on file.
Usually lawsuits are served by certified mail or process server. If they try to serve you - accept it - don't hide from it - b/c the attorney can serve by publication if he has to and it is more likely you would not notice that and the insurance company would miss the dead line.
Most claims - even those with attorneys do not go to law suit. Your adjuster will probably give you a call or send you a letter if it looks like a law suit could be filed against you.
2007-10-26 11:50:24 · answer #2 · answered by Boots 7 · 0⤊ 0⤋
Sue you can countersue, but you're not likely to win.
Not being registered in your state is irrelevant - it doesn't alter the fault. Driving with suspended license also doesn't alter the fault situation. The POINT is, you're at fault.
Unless you have an unrelated third party witness that says he swerved in front of you and slammed on the brakes before you could back off to a safe distance, and that this looks like a setup accident, you're not going to win. A third party would be, someone in a different car than either of you two.
2007-10-26 13:40:46 · answer #3 · answered by Anonymous 7 · 0⤊ 0⤋
You need to file a counter-suit as part of your response to their suit. If you wait until after their suit is settled, your suit will be barred by the principle of "res judicata." Basically, the courts don't want to hear the same case over and over, so there are rules in place that require it all be handled at once. If you don't file a counter-suit, you are effectively waiving any claim you may have regarding this accident.
2016-04-10 08:17:51 · answer #4 · answered by Anonymous · 0⤊ 0⤋
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RE :Can I counter sue over a car accident if I'm at fault?
I was involved in a car accident in which I was at fault. It was a low speed, less than 10mph. Thing here is that the other driver swerved in front of me and slammed on his brakes. He had insurance, but was not registered. Not being registered in my state is grounds for a driver's license suspension. The driver is being represented by an attorney claiming body injury. If this goes to court, can I countersue because he was driving illegaly?
Follow 8 answers
2017-04-08 11:55:05 · answer #5 · answered by ? 6 · 0⤊ 0⤋
The insurance company should get you a lawyer. Call them and ask. It depends on whom you talk to. I think that you have a good case since he wasn't legally able to drive.
2007-10-26 11:35:29 · answer #6 · answered by enhancedquang 2 · 0⤊ 0⤋
Nope. Unless you are the D.A. you can't issue him a citiation, this is a matter for criminal court, not civil.
2007-10-26 12:31:14 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you have ins and you told your co that you were being sued, you;d know the answer to this question.
2007-10-26 13:12:50 · answer #8 · answered by Barry auh2o 7 · 0⤊ 0⤋
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2007-10-26 12:34:22 · answer #9 · answered by Anonymous · 0⤊ 1⤋