Hit and Run Auto Accident

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Hit and Run Auto Accident

my car was park on the street and it was hit by a semi truck who kept going. It all was caught on camera. My vehicle was damage but I didn’t have insurance, How do I go about suing the truck company? Should I get a Lawyer?

Asked on August 7, 2016 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You sue them by filing a summons and complaint against them in court. In the summons and complaint, name the trucking company (which you apparently can identify from the camera) and also "John Doe, the driver of the truck"--you can then "amend" the complaint later to replace "John Doe" withe the actual name of the driver. (You should sue both driver and company: the more people you sue, the greater your chance of recovering money.) As for whether you should have a lawyer: if the damage to your car exceeds $5,000, you should retain a lawyer to help you. If the damage is less than that, you are better off economically suing as your own attorney, or "pro se"--while your chance of winning is less if you act as your own attorney, for a $3,000 or $4,000 claim, legal fees can eat up much, most, or even all of what you may recover. If do act as your own attorney, you should be able to get forms and isntructions from the court.


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