I had a car carrier company transport my car. The car was damaged in transportation and the guy I hired said that the sub-contractor was responsible and I would have to sue the subcontractor. My first question is "Who" do I sue and my second is "How" since all three of us are in different states.
2007-06-06 07:05:50 · 6 answers · asked by Raymond A 1 in Business & Finance ➔ Insurance
I would sue whoever you wrote the check to. It may very well be someone else's fault, but the person who accepted the money is still responsible if a problem occurred.
For the how, if the company is in another state and not in yours you may have to sue them in the other state, but if they even do business in yours they can probably be sued in yours. You need to find out the "registered agent" for the company (hopefully in your state, otherwise in theirs). For the jurisdiction where I live you can get this info online (from the county government website) but I'm not sure if all jurisdictions have this online.
Anyhow, once you have the registered agent go down to the county courthouse and fill out the paperwork to sue the company in small claims court. Be sure and pay to have the sheriff serve the paperwork (don't use registered mail - in may be returned unaccepted). Then you will get a court date in the mail.
I suspect if the case is cut and dry the company will just pay you and you can then cancel the case, but you never know. Also, if the company does offer to pay you be sure to include costs to file and include these costs on your claim as well (can't include costs for your time or anything since the court would never give you those costs).
Good luck.
2007-06-06 07:33:07 · answer #1 · answered by Slumlord 7 · 0⤊ 0⤋
It fairly relies upon. Is there a settlement contract between the two companies? If confident, does the settlement state that if this technique reasons a loss then the california company has to take accountability? If confident, then the California company will could pay up. If there's no settlement or written contract or guarantee of any style, I doubt the colorado company can do lots. i'm fairly advantageous you may sue out of state... the great companies have human beings suing them and different court docket circumstances all the time even nonetheless their headquarters are out of state. Or the licensing contract needs to be looked at as others have already suggested.
2016-10-29 08:26:56 · answer #2 · answered by hultman 4 · 0⤊ 0⤋
You sue the car carrier company. You sue the guy YOU PAID. He can go after someone else, but YOUR relationship is to the guy YOU PAID. You can file in YOUR state, it's easiest. They'll have to travel to YOUR COURTHOUSE.
The guy YOU PAID is ALSO accountable for the actions of HIS subcontractors.
2007-06-06 10:49:41 · answer #3 · answered by Anonymous 7 · 0⤊ 1⤋
The guy with whom you contracted to haul your car is dead wrong. HE is responsible for the damages, since he is the one who entered into the contract with you to move the vehicle. If he doesn't like paying the damages (which apparently he does not), then it is HIS responsibility to recover the damages from the sub AFTER he pays you.
Lawsuits in a 'foreign state" are not easy. You may check with a qualified attorney, but I think you will have to bring action in HIS location, not in yours.
2007-06-06 09:21:34 · answer #4 · answered by acermill 7 · 1⤊ 0⤋
If they did business in your state, then your courts should have jurisdiction. List them all as defendants.
Check with your Secretary of State. They may have rules regarding service of process of out-of-state companies.
2007-06-06 07:10:48 · answer #5 · answered by Cal 2 · 0⤊ 0⤋
You probably don't need to sue anyone, just find out who their liability carrier is and make a claim.
2007-06-06 11:17:47 · answer #6 · answered by Dan 3 · 0⤊ 1⤋