What to do if I had my windshield busted by a gravel truck?

I called the police and he was pulled over and given a ticket. He was not tarped and had several other citations. I called the company and at first they were going to pay for it, and now they will not answer my calls. Do I need a lawyer to sue them in civil court or do I file it myself? Are they required to show up to the court date?

Asked on August 20, 2013 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can file the lawsuit yourself and represent yourself in court (appear "pro se"). If the value of the damage is less than the maximum limit for your local small claims courts, this is an excellent option; you would file a claim based in tort, using the form for a small claims summons and complaint. If the defendant (the truck owner and/or driver) does not appear, they will lose by default (like forfeiting a game by not showing up). You should probably name the company owning the truck and the driver personally as defendants, to give you more people to potentially collect from.


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