How do I file a civil suit against a company that was involved in a car accident.

UPDATED: Oct 1, 2022

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How do I file a civil suit against a company that was involved in a car accident.

My vehicle was hit from the rear, which caused the vehchile to be completely
totalled. The insurance offered 3000, 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 dollars higer. I asked for 3500 dollars to settle and they
stated no.

Asked on May 11, 2018 under Accident Law, Arkansas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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