Need advise on taking someone to Civil District Court Statesville NC for damages.
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Need advise on taking someone to Civil District Court Statesville NC for damages.
My father was in a car accident. He was traveling on the highway with a hot dog pushcart attached to the back of his vehicle, he was approaching his exit and changed lanes to go off the exit, traffic on the exit ramp slowed to a stop and my father had to brake quickly. There was a truck pulling a car trailer behind my father and hit my father’s pushcart which was totaled and damaged the rear of his van. My father does not have insurance on the pushcart only the vehicle. My father’s insurance will not cover it. Nore the opposing parties insurance. We are starting to look at civil district court and do not know where to begin.
Asked on May 7, 2018 under Accident Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You sue them by filing a summons and complaint against them in court and having it served on them properly--you will need physical addresses for service (you have to have copies of the court papers physically given to someone to sue them). You can sue the at-fault driver of the truck and also the truck's owner, if the owner is not the same person (the owner of a vehicle is liable when someone whom he lets drive his vehicle is at-fault in an accident) and in fact should sue both, to increase the chance of recovering compensation.
If the amount of money at stake is less than the small claims court limit, try suing in small claims, with your father as his own attorney or "pro se" to save legal expenses: you can get instructions from the small claims court clerk's office. If more than is allowed in small claims court, your father should hire a lawyer to represent him and sue on his behalf.
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