How do I go about sueing to get my car repaired

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How do I go about sueing to get my car repaired

About 2 months ago, I was involved in a car accident in columbus ne the girls hit me on my passenger side of my vehicle just behind the front wheel n part of my passenger door. I have pictures of the accident. I found out through the insurance adjuster that she did not have insurance on the vehicle she was driving until after the accident.n is now trying to tell me it was my fault for the accident. All I would like is my car fixed to the original state before the accident. The amount owed to me is $3,158.16. also do I have to go file paperwork in the county the accident happened in or can I file in the county I live in.

Asked on February 13, 2018 under Accident Law, Nebraska

Answers:

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

Answered 3 years ago | Contributor

If you have uninsured motorist coverage, you can file an uninsured motorist claim through your insurance company which will compensate you for the property damage (cost of repairs) to your vehicle.
If you don't have uninsured motorist coverage, file a lawsuit for negligence against the at-fault party.  You may be able to file your lawsuit in small claims court.  You can file your lawsuit in the county where you reside.  You are the plaintiff.  The party you are suing is the defendant.  A lawsuit can be filed in the county where the plaintiff resides or in the county where the defendant resides or where the accident occurred.  For convenience purposes, file your lawsuit in the county where you reside.  There is probably a small claims court advisor who can help you complete the documents for your lawsuit.
Your damages (monetary compensation you are seeking in your lawsuit) would be your property damage (cost of repairs to your car).  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.  You can enforce a court judgment in your favor with a wage garnishment against the opposing party.
 


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