How do I pursue a car accident case with a farm animal?

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How do I pursue a car accident case with a farm animal?

Last year I wrecked my car when I hit a big black cow that was standing in the middle of the highway at 2 a.m. I was not injured but my car was a total loss. The owner claims that it was not his cow but knows whose it was. He claimed that there is some kind of secret code among farmers not to tell. I tried writing a letter to plead my case. I was not trying to get lots of money; I just wanted a new car. I am a college student and buying cars is not easy for me.

Asked on October 8, 2011 under Accident Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you don't have some applicable insurance (e.g. collision), the only way to seek compensation is to sue. You can either sue using a fictitious name (e.g. "John Doe #1, owner of the black cow which destroyed plaintiff's car") and then subpoena the farmer who says he knows, to force him to testify and tell you whose cow it is; or you can sue that farmer, and he'll be forced to identify the person it was to get out of the case (and you can also again use subpoenas or other mechanisms of "discovery"--e.g. written questions, called interrogatories--to find out what he knows). Therefore, there are ways you can get this information, but they involve instituting a law suit so you have access to legal process. Ideally, you should retain an attorney to help you, though you are allowed to represent yourself pro se (on your own; no lawyer).


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