If my friend from Canada was driving my car last year and got in an accident here in the US, how do i sue them for reimbursement for damages?

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If my friend from Canada was driving my car last year and got in an accident here in the US, how do i sue them for reimbursement for damages?

After his trip he went home and said that he would pay for the damages because it would otherwise have to come through my insurance on my car. However, after being assessed by a mechanic the damages were $1000 and I have asked for him to pay but have received no reply. Am I able to file a small claims lawsuit against him for $1000 if he is out of state, and more specifically, out of the country? I have heard that generally small claims court is done where the defendant lives but is this still true for traffic accidents; because I have been getting mixed messages?

Asked on May 23, 2014 under Accident Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Based upon what you have written, you file the lawsuit in small claims in the county where the accident happened that caused your damages. That will be the proper venue. You then have your friend served with the summons and complaint. Based upon what you have written, you will probably get a default judgment against the friend leaving you the task of trying to collect upon it.


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