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Do we counter sue for fraud if someone we hit is claiming damages beyond reason, beyond coverage allotment, and lying?
Anonymous6 views3 answers
My boyfriend hit a car in front of him. There was paint transfer to both cars, our car has a 1/4" crack in front headlight. Rate of speed was approx 3-5 mph. We were at a dead stop, he took his foot off the brake to roll into the right lane, that's when we hit. The other driver was irate, running up and down the road yelling. I was able to get pictures of his car but only as he was leaving, but the damage is clear. He is now suing for bodily injury in excess of $10,000, towing, loss of wages, attorney fees, etc. All his facts & claims are fraudulent, including that we were opposing traffic. My carrier says since we are being sued for more than the coverage allotted, we should get an attorney. Do we counter sue for fraud & our attorney fees? We are also out of state from accident
I doubt that you will have any chance of success on that type of "countersuit." It is probably not productive to assume that you know the extent of the other sides injuries, since you have no idea what they are feeling. Low impact collisions can and do frequently result in significant injuries. Let you insurance company handle it. If they can't settle within the policy limits, you can always consult with an attorney to protect your interests.
There really is no cause of action you have for fraud. Rather, the lawyer retained by your Insurance company will argue that the damages are unreasonable and unnecessary, and that the impact is so light that there is no way the damages claimed were caused by the collision.
Under California law, you are only entitled to attorney's fees only if a written agreement provides for attorneys fees or there is a statute which provides for attorney fees. In your case, neither apply so neither party is entitled to attorney fees.
Make sure to get the name of the lawyer representing your boyfriend and ask for the counsel and guidance in your claim. It may be that you will have to hire your own lawyer for a consultation.
The lawyer hired by your insurance company will defend you. You have a right to your own attorney for potential excess exposure but if the accident is as minimal as you describe it may not be necessary. Get your defense attorneys opinion as to whether or not you have any realistic exposure and decide then. Countersuits of the nature you describe are not likely to be successful.
