Disputing Car Accident Claims

When car accidents occur, emotions generally run high.  This can lead to serious legal conflicts, and that happens even more often when it is difficult to determine who is at fault, or who bears the brunt of the liability for the accident.  In those cases one party may dispute the settlement proposed by the insurance companies and file lawsuits of their own.  When that happens, it is important to understand the process of filing a car accident counter claim, and that often means consulting a car accident attorney to help.

Reasons for Car Accident Lawsuits

There can be a number of reasons for filing a lawsuit over a car accident:

• One of the parties was uninsured or underinsured
• The accident occurred on private property and there is no police report
• One or more parties disagree with the police report and/or charges
• One or more parties want to dispute the insurance settlement

However, in many cases the plaintiff must be prepared for the defendant to file a counter suit.  That car accident counter claim can take two forms:

• A compulsory counterclaim, in which the claim or lawsuit applies to the original claim and must be filed with the original claim or not at all
• A permissive counterclaim, in which the defendant files a claim against the plaintiff on another issue or event.  This does not have to be filed during the original lawsuit or even in the same jurisdiction.  This can be a strategy to discourage the plaintiff or offset any losses in the original suit

Pursuing Claims and Counterclaims

Once a claim and counterclaim are filed, there are several methods of pursuing them:

• Negotiate with the other party, their lawyer, and their insurance company to settle the car accident claim and car accident counter claim out of court
• Seek mediation for the claim, counterclaim, and/or permissive counterclaim, which is often less expensive than arbitration, though it is not binding
• Seek arbitration, which is binding and will result in a settlement
• Go to court

Help from a Car Accident Attorney

When cases become this complex is can be difficult or impossible to resolve them without the assistance of an experienced car accident attorney at your side.  They will guide you through the legal process and represent your interests, striving for the best possible settlement you can obtain.