If I am a witness in a accident involving a motorcycle and am being sued for negligence can I sue him for false pretenses as well as negligence?

UPDATED: Sep 30, 2022

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If I am a witness in a accident involving a motorcycle and am being sued for negligence can I sue him for false pretenses as well as negligence?

I was involved in an accident a few months ago, I had my signal on to switch lanes
but I never moved out of my lane. There was a motorcyclist who was driving way
too fast during heavy commuter traffic and he slammed his brakes when he saw
my signal and hit another car and did 7,000 worth of damage to that car. The
police report lists me as a witness and puts the fault of the accident on the
motorcyclist. He is now suing me for negligence, my insurance has done nothing
to defend me and it is as if they are taking his side in the case. I have not been
appointed a lawyer and have had to seek legal advice on my own, is it at all
possible to counter sue or sue the motorcyclist for negligence since he is listed at
fault on the police report and was driving too fast? Is it also possible to sue my
insurance or my adjuster for not providing me with an attorney and not defending
me in this case?

Asked on May 22, 2017 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can only get compensation for a  negligence case IF the other driver (the motorcyclist) caused damage or injury to  you; with no phyiscal damage, no injury, no repair costs, no medical bills, etc., there is nothing to sue for.
If you believe that under the terms of your policy your insurer should be defending you, you can sue your insurer for "breach of contract" for failing to do so, for the value of the legal assistance or coverage of any judgment against you which you should have received.

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