I was in a motorcycle accident. The other driver responsible doesn't have insurance. How do I sue this person for damages without an attorney.
2006-08-21 04:33:09 · 5 answers · asked by weedeater 2 in Politics & Government ➔ Law & Ethics
You would be so foolish to try this on your own. I can understand that you're trying to get all the money for yourself from this accident rather than giving some of it to an attorney, but you haven't a clue as to what to do and how to do it. I don't mean that in a nasty way, but more to warn you of the consequences of your actions should you decide to go through with this on your own.
Find an attorney who'll represent you on a contingency basis. Granted he'll get one-third of the settlement, but getting two-thirds of, just say, $20,000 is better than all of $5,000 or maybe even nothing at all. If this person is an uninsured motorist, chances are he has nothing of any value to attach.
No, not a good idea to go it on your own.
2006-08-25 01:13:17 · answer #1 · answered by honeybucket 3 · 0⤊ 0⤋
It starts with a complaint. That's the legal document that you submit (along with appropriate forms) to initiate a civil lawsuit.
The complaint identifies the parties, establishes jurisdiction, sets forth the causes of actions, and the prayer for relief. The other party then generally files an answer, possibly a counter-claim.
Of course, if the other party has an attorney, what's probably going to happen is that they'll engage in a procedural battle. Motions in limine. Demurrers. Anything to throw as much legal paperwork at the other side as possible. And a procedural war is like a minefield -- one mis-step and your case is over.
If you want to represent yourself, you may want to consider small claims court. While the amount you can recover is much more limited, the playing field is more level because neither side can have an attorney.
In the normal civil arena, it can get very complicated very quickly, and if you don't keep up with the paperwork, then you've just wasted a lot of time and money when the case gets dismissed. If any substantial amount of money is involved, it's worth speaking with a licensed attorney. Especially if the other side will have one.
2006-08-21 11:56:52 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
You can file your own civil suit, BUT one little mistake and it's tossed out of court in a heartbeat. Why not just get an injury attorney to sue him for you? They usually don't ask for any money up front and take a percentage of what you're awarded.
***ATTN: If he doesn't have any money or property to attach a lien to, you're in the wind anyway and wasting your time and money, can't get blood out of a turnip, if you win a judgement you have a piece of paper! Usually if someone doesn't have insurance they don't have anything else either.
2006-08-21 12:01:06 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If you have any pictures this is good. Have any witnesses? Ready to garnish their wages?
2006-08-24 16:37:51 · answer #4 · answered by clophad 2 · 0⤊ 0⤋
u go to an learend advocate he guide u
2006-08-21 11:50:35 · answer #5 · answered by SG 4 · 0⤊ 0⤋