How would I go about suing the driver of the vehicle?

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How would I go about suing the driver of the vehicle?

I was in an accident. I had a green left protected arrow to turn. There was a vehicle on the other side of the road making a right turn on red while I was turning left. When she pulled onto the road she was in the lane closest to the curb. I was proceeding to turn into the middle lane when she did a lane change into my lane causing me to hit her on the side of the back of her van. My claim for liability was denied because of word vs. word. The other party was at fault as seen on the FR-10 form. As a result I will be suing the other party. I talked to a few of the places around the intersection but 3 out of the 4 do not have cameras on the outside of their buildings. 1 out of the 4 places may have the incident caught on camera but the officer has to go ask for the camera. How would I go about suing the other party for the damages on my vehicle? I have a copy of the FR-10 form that puts the other party at fault for this accident as well as the Traffic Collision Report. I also have photos of both cars’ damage after the accident.

Asked on August 31, 2019 under Accident Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the amount is less than the limit for your state's small claims court, the easiest thing to do is to contact the court (either in person or online) for instructions and forms and file a small claims case. (Most courts have sample or template small claims  forms as well as instructions on line.) You'd file in the county where the other driver lives and simply follow the court's instructions.
You will need to subpoena the officer(s) who filled out the forms or reports to appear in court the day of trial and testify as to the forms' or reports' contents: you cannot introduce the forms without the persons who created them, since the reports, as out-of-court "statements," are inadmissable hearsay; you need live witness testimony by the officers as to who they believe was at fault and why. (With the officers in court, you can also introduce and use their forms or reports.) You should be able to get instructions and forms for subpoenaing from the court, too.


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