Auto reoair after auto accident
Smyrna, GA
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Posted 11 months ago in Car / Auto Accident
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I was involved in an auto accident on 5/16/08; I was hit from behind while waiting to get onto the freeway. The man that hit me was uninsured at the time. I had to track this guy down, and when I finally did, he told me that he would pay for me to get the car from the impound yard.Long story short, I had to pay $685.00 to get my car from the impound.On the 30th day, he informed me that he was told by others that he should not give me money for the impound. I had gone to the impound yard, and was told that if the car stayed there beyond 30 days, it would go to the auction block. I personally think that the car is totated. I have called AAA out to take the car to the auto repair for estimates, but because of the damage to the car, the doors won't open, the tail pipe is mangled so bad that the tow drivers wanted me to sign a waiver stating that they would be relieved of any further damages incurred while towing the car. This car is sitting in my driveway, and has been for the past six months. I want to get this matter resolved, but I cannot do anything without the needed estimates. I do not want this man to get away with this.
What do you suggest? My name is Rhonda Orr, and I can be reached at 678-217-4623; my email address is orr.rhonda73@yahoo.com - Is this your question? Add additional information Answers (1)Kenneth L. Shigley
This attorney is licensed in Georgia.
Posted 9 months ago.
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You don't mention any contact with the insurance company for the man who hit you. His insurer should be listed on the police accident report. If it is identified, by all means try to resolve this property damage claim with his insurer.
You can file a small claims suit up to $15,000 against the person at fault in magistrate court in the county where he lives. Magistrate Courts in each of Georgia's 159 counties have "small claims" jurisdiction up to $15,000. This means that many small claims for property damage and minor injuries may be handled efficiently in Magistrate Court. Even if you have a claim for a slightly greater amount, you may choose to voluntarily limit it to $15,000 in order to take advantage of the Magistrate Court's streamlined procedure. After a Magistrate Court makes its decision, either party may appeal and demand a "de novo" jury trial. . These courts are informal and relatively "user friendly". Cases can be filed by going to a Magistrate Court clerk's office, completing a form, and paying a modest filing fee. Many Magistrate Courts have evening sessions for the convenience of working people. A great many small claims are handled without lawyers on either side, and a nonjury trial may often be completed in less than an hour. Before handling your own small claim in Magistrate Court, you should review the Code sections (O.C.G.A. §§ 15-10-43 and 15-10-44) and Uniform Rules of Magistrate Court, the “frequently asked questions” from the Office of Consumer Affairs, basic claim form , and any substantive laws affecting your claim in the Official Code of Georgia. See Magistrate Court Uniform Rules at http://www.georgiacourts.org/councils/magistrate/B1%20URMC.pdf and https://www.ncourt.com/Forms/GA/stateclaim/intro.aspx?Juris=GAHouston . Look up the registered agent of any corporate party. Look up information for the Magistrate Court of the county where the defendant resides, or where a defendant business is located. You may then contact the Magistrate Court office in the county where the defendant resides or the defendant business is located, and request specific information about where and how to file your small claim. If you choose to represent yourself in Magistrate Court, you may consider some of these general admonitions: • Evidence and witnesses are crucial to proving your case. Never expect the Magistrate to just take your word for it. • If you are bringing the case, you have the burden of proof, so prepare your evidence meticulously. • Evidence is anything that supports your position, including photographs, bills, canceled checks, and written contracts. • Your documents should be organized, marked as exhibits, with copies for the court and the other side. • If you need to secure the attendance of a witness, you can obtain a subpoena from the court and serve it on the witness with the statutory witness fee and payment for mileage. There are special statutes regarding subpoenas to local police and deputy sheriffs and to state law enforcement officers. • Rehearsing witness testimony to avoid surprises or slip-ups is not only ethical; it's essential. • While live testimony of witnesses is best, evidentiary and procedural rules may be relaxed in Magistrate Courts "so as to do substantial justice between the parties according to the rules of substantive law." Therefore, Magistrates may consider affidavits (written statements sworn to before a notary) if a witness can't come to court. For example, you might use an affidavit from a physician about your injury. (See Georgia?s medical narrative statute, but make sure the doctor's narrative is sworn to before a notary.) You might also consider using in Magistrate Court an affidavit from a mechanic about the cost of repairing your car, or from a car dealer about the diminished value of your car. To be safe, check with the clerk of Magistrate Court to find out whether that Magistrate customarily allows such affidavits in lieu of live testimony
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