I was in a motorcycle accident. The driver responsible doesn't have insurance, how do I sue this person without a lawer?
2006-08-21 05:55:35 · 5 answers · asked by weedeater 2 in Politics & Government ➔ Law & Ethics
Go to your local county courthouse, find the clerk's office, and ask if there is someone that helps pro se litigants. Maybe you can find someone to give you advice on how to draft a complaint. Get copies of the forms you need to file a complaint and a summons. Fill out the forms and pay the filing fee. Then you have to serve the summons and complaint on the guy. If he answers the complaint, then you have to learn how to be your own lawyer. If he doesn't answer, you have to take his default. Then the hardest part might come after that: trying to collect on your judgment.
2006-08-21 06:13:04 · answer #1 · answered by rollo_tomassi423 6 · 0⤊ 0⤋
The laws of personal injury/liability are very complex, and the issues involved are well beyond the training of most laypersons. To attempt to do this yourself would be foolhardy at best.
The other driver may very well hire an attorney, at which point you will be facing someone who is trained in all of the aspects of the law, knows the appropriate defenses, and can effectively thwart your attempts to have the courts hear your case.
Contact a personal injury lawyer in your local phone book. Most yellow pages have large ads. You can also contact your local or state bar association for a referral.
The difference here is: you may have to pay the attorney to represent you, because if the other driver doesn't have insurance, then depending on the facts of the case, he/she may also be judgment proof. In other words, your ability to collect a judgment may be very limited. Seek the advice of an attorney licensed in your state before you go any further.
2006-08-21 06:06:24 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
If your state's small claims court maximum amount is enough, suing is easy. Ask them, or check their web site.
If not, it's more complicated. Get some model forms (you should be able to photocopy them at the court.) Get your evidence and witnesses in order.
Who owned the motorcycle? Did the owner have insurance. Was the motorcyclist convicted of anything? If so, bring proof to court -- it helps your case.
2006-08-21 06:05:40 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Judge Judy
2006-08-21 06:03:09 · answer #4 · answered by Googles 2 · 0⤊ 0⤋
Texas. Go to district court. sign a pauper affidavit...(then all is free).
look up court records of similar cases, pay $1.00 per page for a similar case handled by a good attorney. Go to quick copy or similar place make copies, go home change the wording to fit your case...like whiten out their name..write in your.. do that and go file ..in court..it will be free. good luck
2006-08-21 06:06:05 · answer #5 · answered by Anonymous · 0⤊ 0⤋