Fraudulent accident injury

[khawk]

What is the name of your state? Pennsylvania

Two years ago my husband was in an auto accident. Someone pulled out in front of him and then slammed on his breaks, of course my husband rear-ended him. Both cars doing about 25mph, our car had no damage, and his looked fine as well. One yr after the accident the other guy's insurance company takes us to court for outrageous medical bills and damage to his car. We hire an attorney & go to court, the plaintiff never shows. Case dismissed. About 1 year later his insurance company re-files the case, again we go to court, again the plaintiff doesn't show. This time the Judge actually gives them another court date to get their client into court. WHAT THE HECK!!! The guy's claims were bogus he never going to show up.... Now for the actual question. Can we file a counter suit against his insurance company for travel ( we dont live in VA where the accident happened), time off work for attending these pointless court hearings, and compensation for monies weve paid to our lawyer, not to mention the all around stress and pain in the rear this has caused? Our attorney wont even discuss a counter suit with us, is it just not possible?

 

[ecmst12]

No, you can't counter sue. Why are you paying for a lawyer? Your insurance company should be providing you with one.

 

[khawk]

I was fighting with my insurance company regarding the premium I sent in ( they quoted me when I added a new car, I paid, they claimed I was never quoted that price). We happended to have the same insurance company, only they claimed that since I didn't pay wha they claimed I owed that I was not insured at the time. Therefor we needed a lawyer. Geico really sucks.

 

[khawk]

Oh, neither my husband or I knew that we had no insurance. We found out when we contacted "our" insurance company to report the accident.

 

[ecmst12]

It looks like the accident was determined to be your fault, even though the other driver made an improper lane change. That's the only grounds you have to fight. If you can't win on liability, then in the eyes of the court, you are at fault and you can't sue the party that YOU damaged for trying to recover what you cost them.

 

[khawk]

This seems very unfair. The other guy, who caused the accident never shows up to court, and wasn't actually injured gets away with what he did and we get stuck paying for it. What a crock. Hopefully the judge will rule that he was at least 1% at fault and we will not owe his insurance company anything, or just finally dismiss it cause he never shows up.

 

[ecmst12]

In PA, him being 1% at fault doesn't help you, you would still owe for 99% of the damage because the accident was 99% your fault.