Should the intoxicated driver file their counterclaim for personal injury against the car owner immediately or wait?

Filing a counterclaim for personal injury against the car owner should be done immediately as it is classified as a compulsory counterclaim. A counterclaim is considered compulsory when it arises out of the same transaction or occurrence that is the subject matter of the opposing party’s claim. In this scenario, the intoxicated driver’s counterclaim for personal injury is directly related to the events of the accident, fulfilling the requirement for it to be compulsory.

By filing it now, the driver ensures that all related claims are addressed in a single legal proceeding, which promotes judicial efficiency and prevents piecemeal litigation. Delay could lead to complications with claims being barred by the statute of limitations, or the potential loss of the right to assert their counterclaim at all. Therefore, it is in the best interest of the intoxicated driver to file their counterclaim at this stage.