How much money would I need to start my filing procedures if my car was hit and totaled?

UPDATED: Sep 30, 2022

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How much money would I need to start my filing procedures if my car was hit and totaled?

Someone speeding down a residential street hit my car and totaled it. I was inside my residence at the time. Their insurance didn’t pay for the amount my car was worth, leaving me without a car and a balance on my credit.

Asked on November 25, 2016 under Accident Law, Texas


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

Answered 6 years ago | Contributor

Since the case was not settled with the at-fault party's insurance carrier, you will need to file a lawsuit for negligence against the at-fault party / registered owner of the vehicle.
The court filing fee varies from state to state.  You will need to go online or contact a court clerk to obtain the filing fee information; specifically, the filing fee for filing a lawsuit for property damage.
In addition to the court filing fee, you will need to pay a process server to serve the summons and complaint (complaint is the lawsuit) on the at-fault party / registered owner of the vehicle.  You can find process servers online or in the Yellow Pages and inquire about their fees.

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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