How do I go about suing the other party?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I go about suing the other party?

My brother and I were in an accident where the other driver ran a red light and hit our car. Our car was totaled, air bags deployed. She received a red ticket citation which she appealed and lost at court. Her insurance company at first denied liability, but after she lost the citation appeal, offered only 50. The accident happened late at night and there were no witnesses. Her statements varied from the police statement to the her court statement at the red light citation hearing. How do I go about suing this lady? Do I sue her or the insurance company? Do I need a lawyer?

Asked on June 6, 2017 under Accident Law, Pennsylvania


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You would sue the at-fault party (lady) for negligence.  You won't be suing her insurance company unless you had a stronger case for a bad faith claim.  Their low offer standing alone is not sufficient to pursue a bad faith claim against the insurance company.
Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs) to your car.
Depending on the amount of your damages, you may be able to file your lawsuit in small claims court.  There are no attorneys in small claims court.  In addition to the property damage to your vehicle, upon prevailing in the case you can also recover court costs such as the court filing fee and process server fee.  You can enforce a court judgment with a wage garnishment.
 If the amount of your damages exceeds the maximum for small claims court, you will need to file your lawsuit in a higher court.  You will have difficulty finding an attorney to represent you because there weren't any injuries in the accident.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption