How do I file a civil suit against a company that was involved in a car accident?
Question Details: My vehicle was hit from the rear, which caused the vehicle to be completely totalled. The insurance offered $3000 but I do not feel that is fair market value of the vehicle. An on-line search of vehicles that was the same resulted in the cheapest vehicle $700 higher. I asked for $3500 to settle and they stated no.
You can sue the registered owner of the vehicle that hit you for negligence. You may be able to file your lawsuit in small claims court depending on your state's limit for small claims court cases.
Assuming you can file in small claims court, you can obtain the court forms from the small claims court and if you have questions, a small claims court adviser can help you complete the forms. File the forms with the court with a proof of service. Then, have a process server serve the documents on the at-fault party (company that is the registered owner of the vehicle that hit you). You can find process servers in the Yellow Pages or online listed under attorney services.
Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.