Can I countersue for slander?

[BSJM]

What is the name of your state (only U.S. law)? Ca

I am being threatened by another driver that he is going to file a CHP report and file assault charges against me. Without getting into a lot of details, here's what's going on. A guy cuts me off on the freeway on my way to work in my company vehicle. I give the usual gestures. He flips out and motions that I pull over. I motion "you first". He begins to pull over, and I continue on my way. He jumps back in front of me and then I hear something hitting the front of my vehicle. I think he threw something out the window at me. I change lanes. He falls in behind and tailgates me. I cannot shake him. I see a highway patrol car on the frontage road. I pull off to intercept him to get rid of this creep. The creep pulls off then proceeds on after seeing the officer I'm approaching. I figure it's over and proceed to work. When I get there, I'm confronted with my boss steaming mad at me. I'm told that someone on the phone reported that I threw something out my window and damaged his vehicle. It's the guy that I just described now flipping the script on me! I give my side of the story and figure he'll move on to another target. I think he's looking for a free paint job at the expense of my employer. Several days later, his dad is calling threatening to file a CHP report and assault charges on me. Now I'm getting a little mad. I don't want any ridiculous charges like that on my record. I don't think he has any grounds to do that, does he? After all, he's the one that threw things out the window(or so it appeared) not me. We did not file a report since I couldn't be sure it was him throwing anything. Now it looks like we're being drawn into some kind of scam. There was no reports written that day, no witnesses, and no video footage. Does he have a leg to stand on? Should I be worried about any of this? Can I and should I threaten him with a counter suit for slander? Please help.

 

[ecmst12]

Report the incident to your insurance company and let them defend you. And stop flipping people off on the road. You could have killed someone in those antics, a car is not a toy!

 

[Zigner]

A guy cuts me off on the freeway on my way to work in my company vehicle. I give the usual gestures.

Hopefully, the lesson that you take from this is that the "usual" gestures cause more problems then they're worth. If someone cuts you off, let up off the gas and give him some room.

 

[j991]

Report the incident to your companies insurance and advice them of the situation. Usually the fraud dept will log your complaint in the event the other driver tries to sue for damages. It's to late for the other driver to file a report with CHP. If he wanted it done, he should have done it that day. Stop worrying about that end of it. If he continues to harrass you, file a complaint of a harassment. Stop giving people the usual gesture, or be prepared for this kind of incident in the future.

 

[BSJM]

Report the incident to your insurance company and let them defend you. And stop flipping people off on the road. You could have killed someone in those antics, a car is not a toy!

I'm surprised at your reply. Usually you give quality advice. You assumed that when I said "the usual gesture" that I meant flipping him off. Wrong. My usual gesture was to throw my hands in the air as if to say "What the heck was that?". You also assume that I was somehow treating a car like a toy. I maintained my vehicle in complete control and within the speed limit at all times. I am a father of 2, with a steady job, and a Class A + M drivers license with 22 years experience and no tickets or accidents on my record. I'm the victim here. I'm the responsible one with a clean record and insurance.

I will have my work turn it in to their insurance company, although I believe they are self-insured so that may present a problem.

So you all feel that slander doesn't apply even though he's tarnishing my good name making false accusations? On what grounds is harassment proven by him filing assault charges on me?

 

[ecmst12]

I'm saying that your were BOTH behaving like idiots, you could have just pulled over and called the police when he asked you to pull over. You were playing games on the road, the both of you, and that is how people get hurt - usually innocent people.

 

[ecmst12]

As far as slander goes, you can add up the dollar amount of actual damages caused by his accusations. That is the amount you can hope to be awarded after spending several years in litigation and $5-10k in legal fees. And then you can ask yourself if the guy would ever PAY you even if you WERE awarded money. And you could only win a suit if you can PROVE his statements were false - the burden would be on you as the plaintiff.

Since your damages appear to be $0, you can see that a lawsuit would be a waste of time and money.

 

[cyjeff]

If you are being threatened on the highway, the only appropriate "usual gesture" is the one involving calling 911.

 

[quincy]

A few corrections on ecmst's comments about slander:


BSJM would not need to prove the statements made about him were false. The one making the statements would have to prove the statements made were true, if he intended to use truth as a defense. Certainly if BSJM can prove the statements were false it makes it harder for the defamer to use truth as a defense. The burden, however, falls on the defendant, not the plaintiff (in a private figure defamation case).

In addition, reputational injury does not come with a price tag and damages can be awarded on the basis of this injury alone - there does not need to be proof of any other monetary damages.

And, a defamation action could get started for $5000, perhaps, but rarely would you find a reputation worth that little - hence litigation tends to be fought fiercely and costs rise substantially and you are looking at multi-multi thousands of dollars by the time any suit works its way through the court system.

All of that said, unless BSJM's work is affected by the slanderous comments made, a defamation action would not be worth pursuing - although a trip to an attorney's office for a cease-and-desist and a threat of legal action should the comments not cease may be an option to explore.

 

[BSJM]

I'm saying that your were BOTH behaving like idiots, you could have just pulled over and called the police when he asked you to pull over. You were playing games on the road, the both of you, and that is how people get hurt - usually innocent people.

ecmst12,

Normally I respect your opinion although it usually comes with way too much sarcasm, but in this case I think you've got a preconceived notion of what really took place. Where in my post did you get the impression that I acted irresponsibly or endangered anyone around me? We've all seen road rage incidents with 2 "idiots" endangering the rest of us. I see it everyday on my commute in the SF Bay Area. This guy is that typical idiot, not me! I resent being lumped into that group. And as far as your comment "you could have just pulled over and called the police...", that is just not a smart thing to do when being confronted on the road by an obviously disturbed individual. People have gotten shot doing that here in CA. I feel that you owe me an apology for the "idiot" comment or at least a retraction. I have tons of respect for you if you did.

 

[Zigner]

Where in my post did you get the impression that I acted irresponsibly or endangered anyone around me?

Probably

I give the usual gestures. He flips out and motions that I pull over. I motion "you first".

No gestures, no problems.

 

[ecmst12]

I didn't say you ARE an idiot, I said you were acting like one. Tricking him to get him to pull over, then trying to "lose him" on a crowded highway, never once calling 911 like you should have if you actually felt threatened...bad decisions all around. I don't owe anyone an apology, my opinion of how you handled the events stands, sorry if you don't like it.

 

[BSJM]

ecmst12,

I assumed you were a lawyer since you seem to post on this board so often. I'm really surprised if you are a lawyer based on your lack of attention to detail. You assumed that I threw him the bird. You assumed that I was trying to "lose him" on a crowded highway. You assume you have all the right answers about the right way to handle a situation that you were not present to witness. You are making judgement without all the facts. A judge will only make judgements after obtaining all the relevant facts and asking several questions to be sure he/she completely understands the situation.

In the future, please refrain from responding to any of my posts. I feel that any legal knowledge that you may be able to provide me does not outweigh the sarcasm, rudeness, and lack of attention to detail that I receive from your replies. Let me make myself perfectly clear this time so you don't miss anything......DO NOT REPLY TO ANY OF MY POSTS FROM THIS DAY FURTHER!.

 

[Zigner]

ecmst12,

I assumed you were a lawyer since you seem to post on this board so often. I'm really surprised if you are a lawyer based on your lack of attention to detail. You assumed that I threw him the bird. You assumed that I was trying to "lose him" on a crowded highway. You assume you have all the right answers about the right way to handle a situation that you were not present to witness. You are making judgement without all the facts. A judge will only make judgements after obtaining all the relevant facts and asking several questions to be sure he/she completely understands the situation.

In the future, please refrain from responding to any of my posts. I feel that any legal knowledge that you may be able to provide me does not outweigh the sarcasm, rudeness, and lack of attention to detail that I receive from your replies. Let me make myself perfectly clear this time so you don't miss anything......DO NOT REPLY TO ANY OF MY POSTS FROM THIS DAY FURTHER!.

Watch out ecmst12 - you've been banned from this person's threads!

 

[ecmst12]

You don't have the authority to tell me where to post. I never represented myself as a lawyer, I am an insurance adjuster, and people who don't take driving seriously piss me off. There was not the slightest tinge of sarcasm in any of my responses to you, I was and still am completely serious. I speak my mind, I am blunt and honest, I don't mince words or hand-hold people. I am sometimes sarcastic, but if you think I've been so here, you don't understand the meaning of the word.

Any 'assumptions' I have made were from your posts which STRONGLY implied what the 'usual gesture' is and stated that you 'couldn't shake' your pursuer, which again STRONGLY implies that you were TRYING to shake him.

You handled the situation poorly, as did the other person, that is the simple truth and if you could get past your ego long enough to recognize it, you might be able to make better decisions if it happens again. You have suffered no damages and have no cause of action against the other guy. Your employer did not believe his accusations (so it appears), so your 'good name' has not been damaged.

If you see someone driving erratically or aggressively, if someone is tailing you or otherwise making you feel threatened on the road, the proper course of action is to CALL 911. I hope that if this happens again, you will make the right choice.