How to File Suit for a Car in the Case of an Accident
- 1). Prepare a demand letter. In a demand letter you advise the individual who damaged your automobile of the amount of money you require from him to prevent further legal action. The law in many states actually require that a demand letter be sent before a lawsuit is filed.
- 2). Deliver the demand letter to the other party. Send the demand letter via certified mail or personal delivery to verify it was provided to the other party.
- 3). Obtain the standard forms from the court clerk necessary to commence a lawsuit. The typical court clerk maintains a selection of standard forms, documents frequently used in lawsuits. The key form is a petition or complaint, the pleading that starts a lawsuit.
- 4). Prepare the petition of complaint. Set forth the name of the individual who caused the damage to or destruction of your car. Include the basics facts surrounding the accident and why it was the fault of the defendant. Finally, set forth the general amount of money you claim for the damages you sustained.
- 5). File the petition or complaint with the court clerk.
- 6). Obtain from the court clerk another standard form known as a praecipe for service of summons and petition. ("Praecipe" rhymes with recipe.) This is the legal document used to direct the sheriff to serve the petition as well as a summons on the defendant. A summons is a document that provides a defendant specific information about how and when to respond to the allegations made in the petition.
- 7). Complete the praecipe form and return it to the court clerk.