what can i do legally if i wasnt hurt in an accident but my car was totalled?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
what can i do legally if i wasnt hurt in an accident but my car was totalled?
I Was stopped at a stop sign and a car
was making a turn and a tractor trailer
ran a stop sign and hit the car. The
car spun and hit me and totaled my car.
The tractor trailer took off and was
never found but we know the company he
works for. Since i had to take time off
of work and had to replace my car
mostly out of pocket. It is also a few
weeks till christmas and i have a wife
and four kids so replacing my car to
fit my family on a short notice was
next to impossible.
Asked on December 6, 2016 under Accident Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The lawyer probably means there is no point in *him* taking the case against the trucking company, because it is not profitable enough to make it worthwhile for (or to have) an attorney. However, if you owned the car personally (and not through, say, an LLC or corporation), you are allowed to bring a lawsuit youself, as your own attorney or "pro se." Your odds of winning are of course less than with an attorney, but the risk (i.e. how much you'll spend on the suit) is much less, too. If there is a police report so you can subpoena the officer to testify, and you can also provide your own testimony, you can probably sue for the equivalent of around $200 - $400 plus a day of your time. If that is worth doing for the chance (not guaranty; winning is never guaranteed) of getting from the trucking company the cost of your car and some lost wages (the days you missed work directly due to this), then it is likely worth you filing the lawsuit yourself. You should be able to forms and instructions from the clerk of your country court.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The lawyer probably means there is no point in *him* taking the case against the trucking company, because it is not profitable enough to make it worthwhile for (or to have) an attorney. However, if you owned the car personally (and not through, say, an LLC or corporation), you are allowed to bring a lawsuit youself, as your own attorney or "pro se." Your odds of winning are of course less than with an attorney, but the risk (i.e. how much you'll spend on the suit) is much less, too. If there is a police report so you can subpoena the officer to testify, and you can also provide your own testimony, you can probably sue for the equivalent of around $200 - $400 plus a day of your time. If that is worth doing for the chance (not guaranty; winning is never guaranteed) of getting from the trucking company the cost of your car and some lost wages (the days you missed work directly due to this), then it is likely worth you filing the lawsuit yourself. You should be able to forms and instructions from the clerk of your country court.
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 AttorneyPages.com 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.