Can I counter sue ifI am being wrongfully sued?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I counter sue ifI am being wrongfully sued?
I am being sued by a major insurance company. The lawsuit involves an accident involving a car that I no longer own. I traded the car in 4 years ago; it was sold a year later and re-registered with DMV. The accident occurred 2 years ago. I have repeatedly given them this information; they have now issued a summons to me. I contacted their attorney and asked if he checked on the following before issuing the summons; DMV, Carfax, my insurance company, and to run the plate involved in the accident. To each of these he replied, “No”. He also stated that his client would not authorize him to run a Carfax. What I would like to know is, can I counter sue for all my time and expenses in obtaining this data and the negligence of both the client and their attorney?
Asked on September 16, 2011 under Accident Law, Connecticut
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, absolutely, but maybe not under the theory of negligence. But here is what I want you to do. I want you to take a copy of the summons and complaint and I want you to send it to your insurance company that covered that vehicle as well as the insurance company that you have now. If they are one in the same then even better. I want you to demand that they defend and indemnify you in the lawsuit. They may not indemnify - cover the judgement for money won by the plaintiff, if any - but they should defend under a reservation of rights. You need to get them to do it. Or you can hire an attorney yourself and get him or her to counter sue and to have the matter dismissed (which with the evidence you have here you should not have a problem). And ask for attorneys fees. If you do this quickly then your attorney could possibly make a motion to dismiss in lieu of answering the complaint and counter suing thereby saving you time and money. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.