This if for a car accident that occurred in the state of Washington.
I was involved in a rear-end accident in the State of Washington two months ago. The guy in front of me had totaled his car. He is uninsured. I am insured. He filed for Small Claims 20 days after the accident, and served me just outside the limitations (wish I never answered the door).
My insurance company has paid him over $3,000 for his car (almost twice the bluebook value of his car). In his small claim he is demanding $3,152.83 for totaling his car, costing him his job and therefore income. My insurance company cannot give me legal representation for small claims, but they are sending a witness to paying him for his car on the court date. My insurance tells me they cannot pay for personal injury (which I have coverage for) unless they want to settle.
Could I get this thrown out since my insurance has already paid for his car? Should I counter-claim since he was on the road while uninsured?
The court date is scheduled Thursday, July 1st.

