Pointing fingers and blaming the other party is a common and expected scenario after a car accident. When the other party feels that you were at fault, they usually file an insurance claim against your insurance company to recover compensation. But, just because the other party filed a claim does not mean that you cannot oppose it.
When you make a counterclaim, you are claiming that the other party had caused the accident. A counterclaim states that the original claim is partially or entirely wrong. If someone is wrongfully blaming you for an accident you did not cause, you can hire a Lake Oswego car accident attorney to know the steps of filing a counterclaim.
What is a counterclaim in a car accident?
Suppose that you have been in a car accident where the other party has suffered injuries. Now, they have filed an insurance claim with your insurance company, claiming that the accident was caused due to your negligence. Therefore you are responsible for paying for their injuries and other damages. At this time, you may want to take legal actions against the plaintiff.
A counterclaim refers to the legal claim in response to an initial claim filed by the plaintiff. A counterclaim states that the defendant in question is actually innocent or only partially responsible for the collision and that that plaintiff is at fault.
Why should you file a counterclaim?
A counterclaim is essential for protecting your rights. When you are wrongfully accused of an accident, you may have to pay for the other party’s medical bills, lost wages, pain and suffering, and other damages. Even though it would be paid from your insurance, and you would not have to pay the amount out of your pocket, it can still be infuriating to be held responsible for someone else’s fault and emptying your insurance coverage for them.
How do you file a counterclaim?
After receiving the complaint, you can speak with your attorney and respond to the court about filing for a counterclaim. There are certain deadlines and related paperwork regarding counterclaims that you may need to take care of. When both the initial and counterclaim are established, the case proceeds, and both the parties start investigating the claims.
What evidence do you need for filing a counterclaim?
To prove your allegations, you must gather evidence that establishes that the plaintiff is actually at fault. These may include CCTV footage of the accident, photographs of the accident site, witnesses, police reports, vehicle damage information, and other pieces of evidence. Your car accident attorney can help you gather the necessary evidence required for proving negligence.