Counter sue for accident?

[ws2007]

My husband and his corporaction is being sued for an auto accident that the police report shows that he was not at fault and the other driver got 2 tickets. Now the other driver is suing for damages, saying that my husband was to blame for accident.
This suit is causing my insurance premium to go way up, the insurance agent says it will be adjusted after the suit is settled but that could be years.
The insurance company is handling the suit but should we get a lawyer to counter sue for the problems the suit is causing?

 

[seniorjudge]

Q: The insurance company is handling the suit but should we get a lawyer to counter sue for the problems the suit is causing?

A: Yes. It is called filing a frivolous lawsuit (on their part).

 

[Duranie]

Let your insurance company handle it, that is what yiu pay them for.

I cannot imagine why they would raise your premiums when you have not been ticketed for anything. Sounds like its time to drop them and look for another insurer.

This other driver has an uphill climb it seems like to win, since he apparantly was the one cited.

Your auto insurer will likely sue his insurance anyways to pay for your claim.

 

[calalily]

I don't know if the Insurance company will sue as when I had an accident the other party added claims for injuries from a separate accident after the one we were in. The insurance company had proof of the fraud but settled any way because of the expense of sueing the other party. If you are incurring added expense due to what the other party is doing I would counter sue them but only if they are suing you apart from what the insurance company is doing. For example, if they sue you in small claims for monies that the insurance company won't pay. Keep detailed records of all the extra expenses so if that happens you have the proof you need. However, if you find that it is costing quite a bit money then you may want to file your own small claims suit. Check it out on-line and see what kind of expenses are allowable to be claimed in small claims. for example, I believe you can't sue for lost work time for going to court if you sue in small claims. Good luck and keep the forum updated as to what happens.