Legal Question in Personal Injury in California

i was test driving a car as a uninsured motorist and damaged/totaled the car. the dealers insurance company is trying to sue me before the end of the 2 year period. the car i test drove was mainly at fault because of worn tires and malfunctioning safety equipment. i had some injuries but nothing major. i want to know if i have an acceptable case if i try to counter sue?


Asked on 11/24/10, 7:44 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If their lawyer is clever, they will sue you right before the 2-year statute is up, so by the time you get around to thinking about countersuing, time's up! Maybe you can still find an attorney.

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Answered on 11/29/10, 7:56 pm
Edward Hoffman Law Offices of Edward A. Hoffman

What grounds would you have to counter-sue? Were you injured in the accident? If so, you may have a viable case whether the dealership sues you or not. You might also have a case against the manufacturer of the car and/or other defendants.

The worn tires and malfunctioning safety equipment you mention -- even if you can back up these claims -- would not, by themselves, give you any rights against the dealership. They would be very relevant to your defense against a the dealership's lawsuit, but they would not give you grounds to assert any claims of your own.

I strongly recommend that you meet with some attorneys ASAP to discuss your case. At a minimum you will probably need someone to defend you. You may also have a good case as either a plaintiff or a cross-complainant. But having let so much time pass already, you need to act quickly to preserve your rights.

Good luck.

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Answered on 11/29/10, 7:58 pm


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