In what state do I have to file my small claims case?

Question Details: If I live in TX but had an accident, that was not my fault, in AZ with a driver who lives in CA. Can I file a small claims case against the driver and his insurance company for my down-time they promised me, in the county in which I live? They fixed my vehicle but don't want to pay me my $1,000/day I missed because they were 3 days late paying for my truck, after it was ready for pick-up.

Asked on 6/28/2019 under: Auto Accidents Texas

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S.L,. Member, California Bar / FreeAdvice Contributing Attorney Answered 5 months ago | Contributor

You are the plaintiff. The party you are suing is the defendant. Your lawsuit for negligence is against the at-fault driver, not the insurance company.
A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the incident giving rise to the lawsuit occurred.
Therefore, you can file in your state; however, small claims court in some states have restrictions on where certain types of small claims cases can be filed. It would be advisable to check with your small claims court advisor.

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