Suing for damages
UPDATED: Oct 1, 2022
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Suing for damages
Can someone be sued for damages to a vehicle if
the accident happened in a Walmart parking lot
in July 2016? Thanks for the info and your
Asked on August 13, 2018 under Accident Law, Mississippi
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Instead of dealing with the at-fault party, you should file a property damage claim with his insurance company.
If the case is not settled with the insurance company, your recourse is to sue the at-fault party for negligence.
Since you are not going through his insurance company, your recourse is to sue him for negligence. You can file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee. A judgment in your favor can be enforced against the defendant with a wage garnishment.
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