Jump to content


Photo

Car Accident


  • Please log in to reply
5 replies to this topic

#1 concerned28

concerned28

    New Member

  • Members
  • 1 posts

Posted 21 October 2012 - 11:18 AM

My son had a car accident in April. He was not at fault and was transported by ambulance to the hospital. His car was totaled and the insurance gave him a check for his car. He asked me to help him get an attorney for his injuries of which I did. I have basically done all the paperwork for him and kept in touch with the attorney. Within weeks after he was paid for his car he needed another car to take his girlfriend to work-he doesn't work-so we as his parents bought him another car. He told us that he would pay us back when he got his settlement. Since August he and his girlfriend have moved in with us and he has wrecked the car we bought and we have fixed it on the basis that we would be compensated. I have little faith he will pay us anything at this point so my question is can I file a claim against his settlement?

#2 LegalwriterOne

LegalwriterOne

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 4,758 posts

Posted 21 October 2012 - 10:39 PM

Not unless you sue him and obtain a judgment first....

#3 Guest_FindLaw_Amir_*

Guest_FindLaw_Amir_*
  • Guests

Posted 22 October 2012 - 10:49 AM

You may wish to sue him for the damages owed to you. I suggest you consult with a local Lawyer to advise you further on how to proceed with such a claim.

Best of luck.

#4 pg1067

pg1067

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 46,094 posts

Posted 22 October 2012 - 12:13 PM

Not sure exactly what you mean. You can sue your son. If you get a judgment, you can then try to enforce the judgment as permitted by the laws of your state. If he has sued the at-fault party, you may be able to enforce your judgment by placing a lien against his potential recovery in the lawsuit.

#5 charliegoodwin

charliegoodwin

    New Member

  • Members
  • 1 posts

Posted 05 March 2013 - 11:58 AM

some kid hes 18 , took my daughters car-17- by finding a hidden key then he wrecked her car we had to claim it on our ins can I sue him in small claims ct and whats statute limtation in Tn? its been 6.5 months I have offered him in writting a discount fee of 1,000 to forgive the claim of $3,700 our insurance had to pay...Now due to the accident our rates are higher I cant get them to reply they have moved so how can I serve them small claims papers if I dont know were they moved

#6 adjusterjack

adjusterjack

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 3,847 posts

Posted 05 March 2013 - 12:48 PM

some kid hes 18 , took my daughters car-17- by finding a hidden key then he wrecked her car we had to claim it on our ins can I sue him in small claims ct


Yes.

whats statute limtation in Tn? its been 6.5 months


3 years to file a lawsuit.

I cant get them to reply they have moved so how can I serve them small claims papers if I dont know were they moved


You are either going to have to find them or get permission of the court to serve by publication.

The trouble with serving by publication is if he doesn't respond you'd likely get a default judgment. And if you still can't find him you might never collect. Although you could have that same problem even if you were able to effect personal service.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users