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?
2 Answers from Attorneys
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.
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.