If alady rear-ended my car while I was at a complete stop in traffic and now she is suing me for damages and injury, can I counter sue her for anything?

Get Legal Help Today

 Secured with SHA-256 Encryption

If alady rear-ended my car while I was at a complete stop in traffic and now she is suing me for damages and injury, can I counter sue her for anything?

A man rear ended her causing her to rear end me. She is also suing the man responsible. In the lawsuit papers I was served, I am accused of the exact same charges he was. The charges are “failure to keep an appropriate lookout and stop”, “failure to use reasonable care under existing circumstances”. and “failure to make a proper lane change” I was not moving. I was at a complete stop, and she rear ended me. The man was ticketed for the accident. I have the police report describing the accident as well. His insurance paid for the damages to my car since he was the person responsible.

Asked on December 17, 2011 under Accident Law, Florida

Answers:

Dave Martin / Martin & Lerda

Answered 9 years ago | Contributor

Abuse of process is a civil lawsuit for bringing a lawsuit without having a legitimate reason to file one.  There is usually a requirement that the person had an "evil motive" for filing the bogus suit.  You need to turn this lawsuit over to your insurance company.  You have paid a premium to have them defend you.  Let the insurance company file the appropriate defense.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption