I've got a small claim court question. I've chosen I want my post in this small claim court subforum and not somewhere else since it applies to small claim courts. If I want it somewhere else, then I'd have posted it there.
Does anyone have a good list of steps of what to do when suing in small claims court in Tennessee with regards to someone at fault wrecking into and totalling out your vehicle?
I've looked around alot and have a decent idea of what to do. And I've talked to some local attornys who don't really tell much. But I keep finding new things to watch out for, etc.
I've pretty much learned you sue the driver and NOT their insurance company.
On your totalled vehicle, you also add in taxes and registration when figuring up a demand.
I'm going by Nada Guides to figure up the value of my car, which is what my insurance company said they use. So, I assume it's okay to just print off the page from the Nada Guides website to bring to court? I also plan to bring all my receipts I have to show this wasn't some junked out car.
And I was told to just tell the judge what happened, etc. Which I'll probably just read off what the police report says as I know you have to prove the defendant was at fault in the accident. So obviously I'll also make sure to bring a copy of the police report.
The big thing I've found is I read something that if the person you sue doesn't tell their insurance company about the lawsuit. Then their insurance company can refuse to pay the judgement. In which, I'd get nothing from the defendant as they don't look to have any money.
The other thing I've read is you sue and get a judgement. Then the defendant files bankruptcy, then their insurance company can refuse to pay the judgement because of the bankruptcy.
I'm sure there are more things to watch out for, but no one had told me the above two things. Sounds like there are ways the at fault parties insurance company get can out of paying.
Interesting read on auto insurance companys getting out of paying: