Who to sue in small claims?
- Thread Starter KAIS
- Start date
zddoodah
Well-Known Member
Sue the driver.
Zigner
Well-Known Member
Why would you sue anybody? File a claim with their insurance. If it actually comes down to a lawsuit, then it is possible that the owner(s) of a vehicle are different than those listed on an insurance card, so sue the driver and the owner(s) of the car, if different from the driver.
There is a dispute as to the value of the loss with the other parties insurance. I would like for the judge to decide on the value after a review of the estimates.
Redemptionman
Well-Known Member
Why won't the adjuster agree to use your body shop? I am not sure what the insurance company is doing and maybe they don't either. You can only sue up to 5k in small claims in most states. If over that then you more than likely will need an attorney and that will cut into any money determination you receive.
Good Luck with it.
Zigner
Well-Known Member
The limit for "small claims" in Texas is $20k.
mightymoose
Moderator
It appears that Texas allows for claims up to 20K.
zddoodah
Well-Known Member
adjusterjack
Super Moderator
Give me some details including numbers and I may have some helpful comments.
I filed with the small claims court the small claim case. The court clerk however would not give me a court date claiming there is a huge backlog due to covid. All I have is a court case number. From a statue of limitations perspective is it when I file with the court, sent service to the defendant or have the court date? Should I send service with a TBD court date to the defendant? The court clerk said they would mail both the defendant and myself a packet of information that would contain the court date but that may not be until 6 months from now. I'm only 4 months away from the state of limitations. If I don't receive a court date within 4 months will the statute of limitations expire?
flyingron
Well-Known Member
The thing that gets served on the defendant is the same thing you filed with the clerk. The thing that matters is when you start the action, not the date of the court hearing. You need to have a neutral party (best to be a real process server) deliver the petition asap.
I think this case is unusual since I have a case number but no court date due to the covid backlog. I'm not entirely sure if I should serve now with no court date or wait several months when I have a court date.
army judge
Super Moderator
IF you had auto insurance on the date of the alleged incident, why wouldn't you file a claim with your insurer?
If things are as you claim, the accident isn't your fault.
Nevertheless, your insurer will see to it you are made whole.
You can relax and sooner or later, your car will be repaired!!!
adjusterjack
Super Moderator
What does the summons and complaint instruct the defendant to do?
flyingron
Well-Known Member
Again, you don't need the date. It is the PETITION that is served on the defendant. I don't know why you are procrastinating. The counties I've seen don't even have a place for the court date on the petition. You either have it notarized or accepted by the clerk and then you have someone serve it on the other party.
zddoodah
Well-Known Member
The date of filing.
You need to review and comply with the state rules of civil/small claims procedure and any applicable local rules in the county where you filed the case.
flyingron
Well-Known Member
And that would be Texas Rules of Civil Procedure, Rule 511, which requires the petition and the court citation (along with any documents filed with the citation). The rule spells out a dozen required elements NONE OF WHICH ARE THE COURT DATE. The following rule (512) indicates how service is to be made.
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