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Small claim court after car accident

Discussion in 'Auto Accidents, Injuries' started by mehungminh, Feb 26, 2013.

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  1. mehungminh

    mehungminh Law Topic Starter New Member

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    I was involved in accident but I am not the owner of the car since I don't have enough credit so my brother brought the car and I pay for it. Now I want to bring the other guy to small claim court try to recovery the repair cost of my car since his insurance didn't want to pay for it. However my brother is out of the country can I bring the guy to court since I am not the owner?? If I hired the lawyer can he try to help me??
     
  2. mightymoose

    mightymoose Moderator

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    You may be able to sue for personal injury, but your brother and his insurance company are responsible for the car.
    You lack standing. You can't collect damages done to another person's property.
    The easier way to handle it is to have your brother's insurance pay for repairs and let the two insurance companies sort it out.
     
  3. Betty3

    Betty3 Super Moderator

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    Report the accident to your brother's ins. co. & go from there.
     
  4. guestpost

    guestpost New Member

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    How hard is it to file a small claims court case?
    It's very easy. Usually, you complete a fill-in-the-blanks form the Court Clerk will give you or you can get online. And you pay a small filing fee which the other driver will be ordered to pay you back if you win the case. Next, you must have the court papers delivered to the person you are suing. This is called "service of process." For a fee, you can hire your local sheriff or constable to do the service. If you win, this expense is included in your judgment.
    Are there any complicated pre-trial procedures in small claims court?
    No. The idea behind small claims courts it to simplify procedures so that ordinary citizens without any special training can represent themselves. There may be some limited pre-trial procedures that are available -- such as the right to send you opponent written questions, called Interrogatories, which he must answer under oath. If your opponent sends Interrogatories to you, be sure to answer them. If you don't, you could be penalized by the court. Your case could even be dismissed. Many small claims courts have informational pamphlets to guide you, and, if you're lucky and don't live in an area with very busy courts, the court staff will probably also answer your questions.
     

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