You can sue the driver here that damaged your car in small claims court in the justice court where you reside.You can do this yourself up to $10k.This would be your means to recover damages to your car in this situation since the driver had no coverage, and has not paid here.
In order to begin formal action, the Plaintiff must personally go to the Civil Clerk of the correct Justice of the Peace Court and do the following:
- Ask the Clerk for a small claim statement form, and be prepared to provide the following information to complete the form:
- The Plaintiff's complete name and address.
- The Defendant's complete name and address, of each person or business the Plaintiff's claim is against. (Correct names and addresses are vital to the Plaintiff's case because the Court cannot grant a judgment against a Defendant who is improperly named in the petition. Therefore, the Plaintiff must determine the correct legal name and address of the person or business being sued before going to the Clerk. If the business is a partnership, the partnership should be named by its correct legal name and all partners should be named individually; if the business is a corporation, the exact name of the corporation must be stated, including the word or abbreviation for "Incorporation" or "Company", and the corporation's named registered agent for service, obtainable from the Secretary of State, 1-***-***-****);
- The amount of the Plaintiff's claim;
- The basis of the Plaintiff's claim, stated plainly and without technicalities, including the date the claim arose; and,
- The amount of money the Plaintiff properly owes the Defendant, if any.
- Swear under oath that this small claim statement is true;
- Pay the Clerk a filing fee and the service of citation fee, to cover costs of serving citation on the Defendant. The Defendant must be served a citation before the suit can commence. (Fee information is available from the Clerk. All of these costs may be recovered at trial if the Plaintiff wins the suit.);
- Call the Clerk in 2 or 3 weeks to see if the Defendant has been served and find out the exact date of service. The service date is important because it must be used to calculate the date by which the Defendant must respond to the claim. The calculated date is called the "Appearance Date", and is calculated as follows: From the date of service, count 10 days. The next Monday after the expiration of the 10-day period will be the appearance date. Verify this date with the Clerk.
If the Defendant does not respond to the suit by 10 a.m. on the appearance date, the Plaintiff wins by simply appearing in court and asking for a default judgment. The Plaintiff must still, however, prove the amount of money due him; or,
If the Defendant does respond by the appearance date, the case will be tried. The appearance date, however, is not necessarily the date of the trial. Ask the Clerk, after a response has been filed with the court, when the case may be tried.
Once a trial date has been set, ask the Clerk to issue a subpoena (which will order a witness to appear at trial) for any witness needed to prove the claim who will not come unless they are so ordered by the Court. The full name and address of a witness are needed for a subpoena to be issued. A fee must be paid for each subpoena requested.
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