Q: Someone is still threatening a lawsuit against me from an accident he caused 2.5 year ago, can i counter sue?
I was involved in a car accident in 2015 where the responding officer unfairly ticketed me as the cause of the accident when the person I hit made a blind turn. I fought the ticket and won and both insurance companies accepted he was 100% at fault. Now, 2.5 yrs later, hes still threatening suit for damages from medical bills he claims are linked to the accident (doubtful). Is there any legal action I could bring against him for the constant threat of suit? These threats are made to our insurance and not us directly but were kept in the loop. Does emotional distress count here?
A:
From what you have stated, I don't think so. A claim for Intentional/Negligent Infliction of Emotional Distress requires a showing of something truly horrific. Making threats against your insurance company would not qualify. If they were constantly in contact with you and threatening you directly, then you could ask for a no-contact order or a protective order in criminal court, but that is not the case either.
I think that the best course of action would be to tell your insurance company not to keep you in the loop. He will either file something (doubtful) or not. Your notice of his threatenings only serves to waste your time and resources thinking about it. There is no preemptive action you can do, you will have to just wait to see if he will do anything.
I hope this helps.
Wes
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