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How I can counter suit for fraudulent and frivolous car accident claims
Anonymous2 views7 answers
According to plaintiff, appears I was at fault at a 20 mph wrong timing left turn accident. My light weight car was hit on the side by plaintiff heavy weigh car bumper.
My liability car insurance just covers accident plaintiff hospital bills and fixed plaintiff car. Can I countersue for fraudulent or frivolous claims. The reasoning will be; according to plaintiff deposition he doesn’t recall many accident details. He is claiming losses, pain and suffering around six figures but do not provide any factual losses, doesn’t provide proof of loss wages as tax returns, neither injuries treatment or medication to the level of the dollar amount claim except few visits to his attorney referred chiropractor, and hospital bill of the day of the accident and another one hospital visit few months after the day of the accident. Key question: “I understand you need to have some factual loss before you claim subjective “pain and suffering” loss”.
On the contrary despite of plaintiff young age he is already involved in previous a) preexisting conditions, b) workers compensation suit, c) a second work accident, d) other out of work accident and e) also he indicates activities that contradict his present and previous claims and accidents and fragile body.
Since you mention you carried liability insurance, I'm guessing that your insurance company hired a defense attorney to defend you. Attacking the merit of plaintiff's alleged injuries and damages is what your defense agains the case is all about. You should call your defense attorney to get a better understanding of what he/she is doing to investigate and attack plaintiff's claims. I dont' see a basis for a counter-claim alleging fraud. Many plaintiffs include broad allegations in their Complaints and then are later unable to prove up all of the alleged injuries and damages claimed. If the amount of the medical bills is low and plaintiff is not able to document a wage loss claim, his claim will likely be settled for a lower amount.....far lower than a six figure demand. Talk to your defense attorney. Especially since you don't want to do or say something that is going to adversely affect your defense in this case.
***This response is provided solely for generaly information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.
Let your insurance company handle his claim for bodily injury. They are not going to pay for anything that is not related to the accident and they will certainly not pay more than the claim is worth. If he ends up filing a lawsuit against you, then your insurance company will appoint defense counsel to represent you. The plaintiff has the burden of proof and the trier of fact - arbitrator, judge and jury, will ultimately decide if he has met his burden of proof.
No, you cannot file a suit against someone for having brought fraudulent or frivolous claims. Moreover, the facts you lay out make it pretty clear that the plaintiff's claims are neither fraudulent nor frivolous. Let your insurance company deal with this. That's why you pay premiums. And an insurance adjuster is far more qualified than you are to evaluate the claims being made.
Richard Todd RosensteinPersonal Injury LawyerGlendale, CA ·
The facts presented show that the case was likely filed with probable cause. If the accident was your fault and the other party sustained injury, the plaintiff's case will need to be proven by a preponderance of evidence. You should allow your defense attorney to provide you a defense to the claims. You should pose your questions to your own defense lawyer. Good luck.
