Can I counter sue ifI am being wrongfully sued?

I am being sued by a major insurance company. The lawsuit involves an accident involving a car that I no longer own. I traded the car in 4 years ago; it was sold a year later and re-registered with DMV. The accident occurred 2 years ago. I have repeatedly given them this information; they have now issued a summons to me. I contacted their attorney and asked if he checked on the following before issuing the summons; DMV, Carfax, my insurance company, and to run the plate involved in the accident. To each of these he replied, “No”. He also stated that his client would not authorize him to run a Carfax. What I would like to know is, can I counter sue for all my time and expenses in obtaining this data and the negligence of both the client and their attorney?

Asked on September 16, 2011 under Accident Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, absolutely, but maybe not under the theory of negligence.  But here is what I want you to do.  I want you to take a copy of the summons and complaint and I want you to send it to your insurance company that covered that vehicle as well as the insurance company that you have now.  If they are one in the same then even better.  I want you to demand that they defend and indemnify you in the lawsuit.  They may not indemnify - cover the judgement for money won by the plaintiff, if any - but they should defend under a reservation of rights.  You need to get them to do it.  Or you can hire an attorney yourself and get him or her to counter sue and to have the matter dismissed (which with the evidence you have here you should not have a problem).  And ask for attorneys fees.  If you do this quickly then your attorney could possibly make a motion to dismiss in lieu of answering the complaint and counter suing thereby saving you time and money.  Good luck.


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