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?
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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 12 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.
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