Can I get countersued for harassment?

UPDATED: Dec 18, 2011

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Can I get countersued for harassment?

I was rear-ended by a driver who was driving his friend’s car that had no insurance. He never answered any of my calls after the accident so I repeatedly called him. One time I left a voicemail cussing him out but I didn’t threaten him. Now he has blocked my number. It’s my intention to sue him in claims court, but now I’m not sure if he can countersue for harassment.

Asked on December 18, 2011 under Accident Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you write, it's  most likely not harassment--you had a legitimate reason to try to contact him, and only cursed him out once without making threats.

That's not to say that if you sue him, he may not try to counterclaim against you, such as by claiming that you did more than you did...but if the only evidence shows the behavior you describe, you should have a good defense to any such counterclaim.

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