Can You Countersue After a Car Accident?
Being served with a lawsuit after a crash is stressful, especially when you believe the other driver was the one at fault. The good news is that you are not limited to playing defense. In the right circumstances, you can file your own claim against the person suing you. Here is how countersuing works in Utah.
Yes, if someone sues you over an accident and you believe they caused it, you can countersue by filing a counterclaim in the same case. Under Utah’s comparative fault rule, you can recover as long as you are less than 50% at fault, with your recovery reduced by your own share of blame.
What a counterclaim is
A counterclaim is a claim you bring back against the party who sued you. Instead of only defending yourself, you assert that the other driver’s negligence caused the crash and your injuries or losses. Both claims are then decided in the same lawsuit, and a jury can assign a percentage of fault to each side.
How Utah’s comparative fault rule affects a counterclaim
Utah follows modified comparative negligence. That means:
- You can recover damages only if you are less than 50% at fault.
- Your recovery is reduced by your percentage of fault, if you are 20% at fault, you recover 80% of your damages.
- If you are 50% or more at fault, you recover nothing.
This is why fault is the central battleground: even a strong counterclaim can be reduced or defeated if the other side shifts enough blame onto you.
When countersuing makes sense
Consider a counterclaim when you have real injuries or losses, credible evidence that the other driver was primarily responsible, and you were sued first. The counterclaim lets you pursue compensation for your own medical bills, lost wages, vehicle damage, and pain and suffering rather than simply defending the case.