Legal Question in Personal Injury in California

Re: can I counter sue?

If you had insurance at the time, immediately turn over the matter to them and they will assign you an attorney to defend you. They may or may not bring a cross-complaint against the other driver and/or the owner of the other vehicle. To answer your questions, you could counter sue. Keep in mind if your ins. co. does sue, it will only be to recover your property damage only. You will need your own attorney to handle your personal injury case, if any. Be sure to act quickly to turn the matter over to your ins. carrier. Good luck and thanks for your question.

Re: can I counter sue?

You say the owner of the other vehicle "was found 10 percent at fault", which suggests there has already been a trial. You could have filed a cross-complaint, but that was probably your only option. If the case has already gone to trial, then it is probably too late for you to sue.

I am also not sure what you would sue for. The fact that you were found 90% responsible means you don't have to pay the remaining 10% of the damages, so the owner of the other car does not owe you any reimbursement for the amount you must pay. If you were injured or had property damage you could have sued on that basis, but your question doesn't say anything about these subjects.

Re: can I counter sue?

Tough hurdle to pass in your case. You would have to prove that the owner of the other vehicle, by allowing an unlicensed, allegedly drunk driver to drive, contributed to you running a stop sign.