You know, honestly? I don;t really care. I mean, it sucks that I’m being sued and all that, but if I win, I won;t bother countersuing for expenses unless it’s, like, at least half what she was asking for. (for the record, about $400 or so.) I don’t begrudge her suing me exactly. I wish she didn’t, but I don;t want to make this any more of a hassle for her.
For the record, my lawyer’s an old family friend and is perfectly happy to work pro bono on this case.
All the same, I really don’t see any basis for her to sue you. It’s quite common for someone to run into someone in a car and for their car to be totally messed up and the one that got hit to be just fine. She hit you and if you were both breaking the law then theres still no law suit.
The default rule is that a party pays for its own costs. But costs are within the judge’s discretion.
Normally, costs are awarded for really egregious legal practices. E.g. Big corporations mess with smaller parties by drawing out suits for a long time, racking up legal fees and trying to 1) make smaller parties withdraw, and 2) deter future suits. But also, like you said, you can sometimes get costs in frivolous suits. It’s all up to the judge.
I just heard back from the plaintiffs… in the form of a gift basket. It’s nice.
Apparently, you guys were partially right about the ambulance chasing angle. Seems their insurance agency wouldn’t cover the costs to their car unless they tried tosue me for damages. Policy, I guess. Anyway, they tried, and the counter-attempts were so overtwhelmingly against them that they dropped the charges. And sent an apology. Nice people.