Once the intoxicated driver is a party to the lawsuit, can they file a counterclaim for personal injury against the car owner?

The correct answer is that the intoxicated driver can add counterclaims once they are a party to the lawsuit. This is supported by the Federal Rules of Civil Procedure, which allow a defendant to assert a counterclaim against a plaintiff in the same action. A counterclaim is essentially a claim brought by the defendant against the plaintiff within the context of the ongoing litigation.

In this scenario, after the intoxicated driver becomes a party to the lawsuit, they have the ability to allege any valid claims they may have against the car owner, including those for personal injury, as long as those claims arise from the same transaction or occurrence that is the subject of the action. This promotes judicial efficiency by allowing disputes between the same parties to be resolved in one proceeding instead of requiring separate lawsuits.

The other options indicate limitations that do not exist under the rules governing counterclaims. For example, stating that it's too late to file new claims ignores the provisions that allow for counterclaims at the time a party responds to the initial claims. Additionally, restricting counterclaims to just property damage fails to recognize that personal injury claims can also be valid counterclaims when the circumstances allow. Lastly, the assertion that only the plaintiff can file counterclaims misinterprets the basic principles of litigation