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  1. #1

    Default Can I Counterclaim Without Suing for Money

    My question involves an injury that occurred in the state of: Indiana

    I am being sued for a minor fender bender that occurred 8 years ago. I believe the plaintiff is claiming sort questionable medical bills. It was settled with the auto insurance companies, but I guess they didn't get what they want and they are suing me personally now. This has drug on with absolutely no movement until now, when I received a letter from my legal representation that states there is a court date, but also indicates that it may not actually go to trial.

    Quite frankly, I am exhausted with what I consider to be a frivolous lawsuit and what feels like harassment. I had no medical or auto expenses related to the event that I could sue for, all I want is to make a counterclaim or take some other legal action that indicates to the plaintiff that I am taking the matter seriously and not willing to be bullied anymore. I'd like for the whole thing to be dropped.

    Any advice on how I could proceed would be greatly appreciated. Thank you.

  2. #2
    Join Date
    Sep 2011
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    Default Re: Can I Counterclaim Without Suing for Money

    It appears their ship already sailed. Is this the first notice you have had of the lawsuit?



    IC 34-11-2-4
    Injury or forfeiture of penalty actions
    Sec. 4. An action for:
    (1) injury to person or character;
    (2) injury to personal property; or
    (3) a forfeiture of penalty given by statute;
    must be commenced within two (2) years after the cause of action accrues.

  3. #3
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    Default Re: Can I Counterclaim Without Suing for Money

    Its likely too late to file a counterclaim, that must be filed with your answer to the complaint. And being harassed by a suit is just part of the system, I wouldn't see a counterclaim anyways.

    All defendants (guilty and innocent) want cases to be just dropped.

  4. #4
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    Default Re: Can I Counterclaim Without Suing for Money

    Quote Quoting jilliansmitty
    View Post
    My question involves an injury that occurred in the state of: Indiana

    I am being sued for a minor fender bender that occurred 8 years ago. I believe the plaintiff is claiming sort questionable medical bills.
    Are you a doctor or otherwise qualified to determine the validity of the plaintiffs medical claims?

    I'd like for the whole thing to be dropped.
    as would every other defendant in the country.


    how much insurane were you carrying that an accident which did not injure you at all burned through your entire liability coverage?

  5. #5
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    Default Re: Can I Counterclaim Without Suing for Money

    Quote Quoting jilliansmitty
    View Post
    I am being sued for a minor fender bender that occurred 8 years ago.
    How is this claim still viable after 8 years, given what appears to be a normally applicable two year statute of limitations for personal injury cases?
    Quote Quoting jilliansmitty
    I believe the plaintiff is claiming sort questionable medical bills. It was settled with the auto insurance companies, but I guess they didn't get what they want and they are suing me personally now.
    Why didn't the insurance companies get a release when they settled?
    Quote Quoting jilliansmitty
    ...I received a letter from my legal representation that states there is a court date, but also indicates that it may not actually go to trial.
    That would be pretty typical.
    Quote Quoting jilliansmitty
    ...all I want is to make a counterclaim or take some other legal action that indicates to the plaintiff that I am taking the matter seriously and not willing to be bullied anymore.
    If you have grounds for summary disposition, you can talk to your lawyer about the possibility of bringing a motion. "I'm tired of being sued" isn't a valid basis for a counterclaim.

  6. #6
    Join Date
    May 2011
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    638

    Default Re: Can I Counterclaim Without Suing for Money

    You say it was settled by the insurance companies. As Mr. Knowitall implied, insurance companies typically get a full release upon payment, leaving this claimant no standing to sue for more.

    Did the original settlement use up all of your coverage?

    My first move would be to go to my insurance company which paid on my behalf and lay it on their doorstep. Depending on the circumstances, I'd likely file a motion to name them as a co-defendant. Part of paying insurance premiums is paying them to "have your back."

    If not, my first move would be to file a motion for dismissal based on the statue of limitations. Time appears to have run out for them to make a claim. Rather than file that motion myself, it would sure be nice to find the insurance company doing it for me.

    In either event, I would involve my insurance company and I would file for dismissal based on statute of limitations. The insurance company almost surely has a full release, precluding these people from coming after more, and the statute of limitations has run.

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