How to File Suit for a Car in the Case of an Accident
In the aftermath of an accident, you end up facing a variety of challenges--and frustrations. Toward the top of the list is dealing with the financial fallout of an accident, including obtaining a recovery a car damaged as the result of another driver's negligence. If you find yourself in a position where the other driver did not have appropriate insurance coverage to pay for the loss of or damage to your car, you need to pursue a lawsuit to attempt to obtain compensation. Therefore, you need to understand how to file a suit for the damage to your automobile.
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Instructions
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Prepare a demand letter. In a demand letter you advise the individual who damaged your automobile of the amount of money you require from him to prevent further legal action. The law in many states actually require that a demand letter be sent before a lawsuit is filed.
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Deliver the demand letter to the other party. Send the demand letter via certified mail or personal delivery to verify it was provided to the other party.
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Obtain the standard forms from the court clerk necessary to commence a lawsuit. The typical court clerk maintains a selection of standard forms, documents frequently used in lawsuits. The key form is a petition or complaint, the pleading that starts a lawsuit.
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Prepare the petition of complaint. Set forth the name of the individual who caused the damage to or destruction of your car. Include the basics facts surrounding the accident and why it was the fault of the defendant. Finally, set forth the general amount of money you claim for the damages you sustained.
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File the petition or complaint with the court clerk.
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Obtain from the court clerk another standard form known as a praecipe for service of summons and petition. ("Praecipe" rhymes with recipe.) This is the legal document used to direct the sheriff to serve the petition as well as a summons on the defendant. A summons is a document that provides a defendant specific information about how and when to respond to the allegations made in the petition.
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Complete the praecipe form and return it to the court clerk.
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Tips & Warnings
Consider engaging the services of an attorney to represent you in a suit for damage to your car. Typically, an attorney charges a contingency fee for this type of representation. In other words, there is no fee paid to the lawyer unless and until you settle your case or win your suit at trial.
File your lawsuit in a timely manner. Each state has what is known as a statute of limitations. This is the law sets the time frame in which different types of lawsuits need to be filed. In cases involving damages to personal property, such as a car, a lawsuit needs to be brought within two or three years. Make sure you understand the law in your state.
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Comments
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I did not know an attorney could collect a contingency fee on any claim involving property.
