Legal Question in Civil Litigation in California

Re: Counter Suit

I don't believe you can counter sue for the damages you are listing. However, turn the matter over to your insurance company. That's why you buy insurance. The reason they don't want you to deal with their insurance company is that they may not be insured.

Re: Counter Suit

You cannot file a counter suit claiming that their suit is frivolous. Such claims are called malicious prosecution cases, and can only be started after you win the initial lawsuit. Otherwise, every defendant would file a counter suit like the one you describe.

Mr. Hobbs's advice that you turn the matter over to your insurer seems prudent, although the limited facts you have given don't really indicate whether you would be covered or whether you were required to tell the insurer sooner.

Re: Counter Suit

You should contact your insurance company ASAP! Even for some reason this acccident was not covered under your policy, you should always remember that Insurer's duty to defend is much broader than duty to indemnify. They will be obligated to tender defense on behalf of you under reservation of rights in event ther is a coverage dispute.

You have to wait to counter sue after this lawsuit is resolved in your favor. If you need help...contact me at 818-481-9284