Being sued for Barely Tapping someones car.

[rwbil]

I stopped at a red light and when the light turned green I started to move forward and accidentally tapped the car in front of me. There was no damage to the car or to the lady driving the car. Two years later I get sued for $300,000. The plantiff claimed all kinds of injuries and hearing loss and etc. from the accident. It was so unbelivable she sustained these type of injuries from such a minor tap that the insurance attorney pulled her doctor's record and on the last page the doctor wrote that the plantiff said her husband had beaten her. Only in America can your husband beat you and then you sue somebody that tapped your car claiming that was the cause of your injuries. Anyway they are now suing for a lot less in District Court. My question is, Can I countersue for a frivolous lawsuit. These type of ridiculous lawsuits need to be stopped. The insurance lawyer only represent the insurance company, so he will not help in this matter. At the very minimum even if I do not countersue, is there away to make a motion to the court that I believe this is a frivoulous lawsuit and the court should fine both her and her lawyer. Until this country makes the people bringing forth ridiculous lawsuits realize they might be financially penalized for the lawsuit, this kind of stuff will continue. Any advice greatly appreciated.

Thanks in advance,
Robert

 

[dee_dub]

What happened to the first lawsuit?

Is District Court small claims?

Can I countersue for a frivolous lawsuit.

No. You can just win. If it's not small claims, you can get costs awarded against them.

At the very minimum even if I do not countersue, is there away to make a motion to the court that I believe this is a frivoulous lawsuit and the court should fine both her
and her lawyer.

Sort of. You can do that when you have won and the judge asks you if you want to speak to costs. They won't get fined. But if the lawsuit is frivolous, you might get full solicitor-client costs, and you might get them awarded against her lawyer if was being a dick.

If you are sure you are going to win, consider making an offer to settle for a trivial amount. If they refuse and they subsequently don't get a judgment that is better than your offer, you may get a higher costs award.