Legal Question in Civil Litigation in California

Re: Can I file a counterclaim?

You can file a counter claim if you incurred any losses or injuries. Our firm can help you and takes cases throughout California.

Re: Can I file a counterclaim?

In California, you need to tender the claim to your insurance company to provide a defense.

The insurance company will pull the police report and review the file to determine how best to proceed.

Generally, The insurance company will answer the complaint and allege a number of affirmative defenses including (assumption of risk, statute of limitations and comparative negligence).

If the insurance company feels that the facts are on your side they may file a cross complaint on your behalf seeking money damages to compensate you for any damages to your vehicle and person.

Good luck with this matter.

Re: Can I file a counterclaim?

Yes, if you have damages, you can sue them. You would use as a defense to their lawsuit their negligence.

JOEL SELIK

Attorney at Law

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Re: Can I file a counterclaim?

Generally speaking, if you sustained damages and you have probable cause for filing a claim, you may file a countersuit against the other party.

If you simply want to defend the claims which are being brought against yourself, you may decide to file an answer with affirmative defenses.

If you maintained auto liability insurance at the time of the accident, your own auto insurance company should hire an attorney to defend you in the case.