Auto Accident Counter Claims

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Auto accidents can be bad enough when there are traffic violations, damages, or injuries to worry about.  However, when there is conflict about who caused the accident and who should bear liability, it can become extremely complicated.  In that case, it can be impossible to address all of the issues without the help of an auto accident lawyer to file claims, counterclaims, cross claims, and responses to these claims and reveal the truth.

Car Accident Counterclaims

If there is a claim dispute about who is actually at fault in a traffic accident, especially if the damages or injuries are serious and expensive, one of the parties may decide to file a lawsuit against the other.  When that happens, the defendant has several possible responses:

  • Pay what the plaintiff asks
  • Deny the claim and fight it, either through negotiation, mediation, arbitration, or a trial
  • File a counterclaim or a cross claim

Filing a compulsory counterclaim means that the defendant is suing the plaintiff for the same event or issue.  There are several requirements for this type of claim:

  • It must apply to the same event or issue
  • It must be filed before the current case is settled
  • It must be filed within the statute of limitations on the original event

In some cases, the defendant may have another issue against the plaintiff, not applicable to the original lawsuit.  This is a permissive counterclaim and can become part of the original suit; however, it may also be filed in another court at another time.

Finally, the plaintiff in the original suit may have filed their claim against more than one defendant.  If one of the defendants believes the other is at fault, they may file a cross-claim against the other defendant.

In an auto accident, this may arise when two cars are in an accident. Driver one believes the accident was caused both by the negligence of driver two and poor signage by the state.  If the defendant also believes poor signage was the cause of the accident, they can file car accident cross claims against the state.

Help From a Lawyer

When lawsuits become complicated, including claims, counterclaims, and car accident cross claims, it is essential to call upon an auto accident attorney to ensure that all of the claims are appropriately answered and that you receive the consideration you deserve in court.