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

800-894-2889

760-479-1515

702-243-1930

Licensed to Practice Law in California and Nevada Only

CA Licensed Real Estate Broker

CONCENTRATING IN REAL ESTATE, ELDER ABUSE, LITIGATION AND COLLECTIONS

Personal Injury, Contracts, Tax Matters, Business,

Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice

Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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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.