Can the At-Fault Party File a Countersuit After a Car Accident?

You got sued after a car crash. Can you file a countersuit?

It’s a question more common than you’d think. You’re named in a car accident lawsuit, maybe because you rear-ended someone, or maybe just because you were in the wrong place at the wrong time. But you don’t agree with how things are being painted. In fact, you think the other driver is just as responsible. Maybe more.

So now you’re wondering: Can I sue them back?

Short answer: Yes – sometimes. It’s called a countersuit. It’s not filing a separate lawsuit—you’re asserting your own claim within the same case. But just because you can file one doesn’t always mean you should. Let’s break down when a countersuit might apply, how Massachusetts law sees shared fault, when to bring in a car accident lawyer, and what you need to know before going on the legal offensive.

What is a countersuit in a car accident case?

Filing a countersuit, often known as a counterclaim, is more than simply a defensive strategy. Within the same case, you, the defendant, file a claim against the plaintiff, who is suing you. Put simply, you’re flipping the script.

In a car accident case, a countersuit could allege:

• The plaintiff caused the crash.
• You suffered injuries or property damage, too.
• You missed work, racked up bills, and now you want compensation.

Think of it this way: just because you’re being sued doesn’t mean you waive your rights to pursue your own claim. A countersuit lets the court hear both sides at the same time.

But be careful. A countersuit isn’t a way to “get back” at someone. You need solid legal grounds. Otherwise, it could backfire.

How fault is handled in Massachusetts car accidents

Massachusetts follows a modified comparative negligence rule (M.G.L. c. 231 § 85). This is key.

Here’s what it means:

• If you’re more than 50% at fault, you can’t recover damages.
• If you’re 50% at fault or less, you can recover, but your award is reduced based on your percentage of fault.

So let’s say the court decides you were 30% responsible and the other driver was 70% responsible. You could still recover 70% of your losses.

This system allows room for countersuits, especially in cases where blame isn’t one-sided. When it’s murky, both parties may try to hold each other financially accountable.

When do countersuits usually come up in car accident cases?

Let’s look at some real-world situations where a countersuit might show up:

1. Intersection confusion: Two drivers arrive at a four-way stop. One thinks they had the right of way. They didn’t. A crash happens. Driver A sues Driver B, but Driver B claims Driver A ran the stop sign. Classic setup for a countersuit.
2. Rear-end accidents with a twist: Usually, the rear driver is assumed to be at fault. But what if the lead driver slammed their brakes with no warning? Or had faulty brake lights? The rear driver might file a counterclaim saying the lead driver caused or contributed to the crash.
3. Multi-car pileups: In chain reaction crashes, several drivers could share fault. If one driver sues, others might countersue to avoid being left holding the bill alone.
4. Distracted or reckless driving claims: Say you’re being sued for rear-ending someone. But dashcam footage shows the plaintiff was texting, swerving, or speeding before the accident. That kind of evidence can form the basis of a countersuit.

The point? Fault isn’t always black and white. And when both sides have some level of blame, Massachusetts law allows the case to reflect that.

What happens if you’re the plaintiff—and they counterclaim?

Let’s flip the perspective.

You filed a claim, maybe for medical bills, car damage, or lost wages. Then the other driver files a counterclaim against you. What does that mean?

First of all, don’t panic. This is a legal tactic, not a verdict. It doesn’t mean you were at fault. It just means the other party is presenting their own version of what happened.

Here’s what might happen next:

• Your case becomes more complex. Now the court is weighing two sets of claims.
• You and your car accident lawyer will need to defend your case and respond to theirs.
• Additional evidence, like photos, eyewitness accounts, or expert reports, might come into play.

The court will weigh both claims together and determine who is more credible. In some cases, both parties walk away with partial rewards. On others, one claim cancels out the other.

But can a countersuit backfire? Absolutely.

This part’s important. A countersuit isn’t just a button you press. If it’s based on weak evidence or filed out of spite, it can actually hurt your case.

Massachusetts judges can, and do, dismiss counterclaims they see as frivolous or retaliatory. Worse, if the court decides your countersuit wasted time or abused the legal process, you could end up paying the other side’s legal fees.

That’s why it’s smart to talk with a car accident lawyer before filing anything. Your attorney can tell you:

• If you have a real case.
• What evidence you’ll need.
• How your counterclaim might affect the bigger picture.

This is about strategy, not emotion.

What should you do if you’re facing a countersuit?

Take it seriously. Even if it seems baseless. Here’s how to respond:

1. Talk to your lawyer. Immediately.
2. Gather everything. Medical records. Accident photos. Witness info.
3. Review your insurance coverage. Will your policy cover legal defense for a counterclaim? Some do. Check whether your auto insurance includes legal defense and indemnification if a counterclaim is filed against you.
4. Understand your exposure. Could the countersuit cancel out your claim? Could it cost you money?

Countersuits don’t mean the sky is falling. But they do mean the game just changed. Having legal help makes all the difference here.

Get help navigating countersuits

Being sued after a car crash is stressful enough. Being countersued? Things can become even more complex. But you don’t have to face it alone.

If you were involved in a complicated car crash, talk to someone who knows the rules.

At the Law Offices of Gerald J. Noonan, our experienced car accident lawyers work with clients across Massachusetts to handle these situations head-on. We can review your case, help you make the right moves, and fight to protect your rights.

Need answers? Let’s talk. Call us today or reach out online to schedule your free consultation.