If the owner of a car crossclaims for car damage and indemnity, must the driver also make a claim for personal injury immediately?

The assertion that the claim becomes compulsory is rooted in the rules regarding crossclaims and related claims in civil procedure. Under the Federal Rules of Civil Procedure, particularly Rule 13, crossclaims are generally those claims that arise out of the same transaction or occurrence that is the subject of the opposing party's claim.

When the owner of the car crossclaims for damages resulting from an accident, this inherently ties into the entire scenario of the car's use and damages incurred. If the driver, who is involved in the same incident, has a personal injury claim that arises out of that same occurrence, it typically becomes compulsory for them to assert that claim as part of the same action. This is especially relevant in jurisdictions where the court follows the principle that all related claims must be resolved in a single lawsuit to avoid piecemeal litigation and inconsistent judgments.

Therefore, the correct answer aligns with the rules of compulsory counterclaims, as the personal injury claim is indeed related to the same transaction—the car accident—and must be made at the same time to ensure efficiency and fairness in the legal process.

In contrast, alternatives that suggest the driver can wait or choose not to make the claim downplay the importance of judicial efficiency and the courts' desire to resolve disputes arising