I was in an accident in fulton co. and the driver who totaled my car was at fault and lives in a different county. I want to

Asked over 3 years ago - Atlanta, GA

file a claim against his auto insurance co. for my personal property that was destroyed in the car.

Where do I file the magistrate court claim and what other steps should I include in the process. The personal injury claim has already been settled.

Attorney answers (4)

  1. Houston Dillard Smith III

    Contributor Level 12

    Answered . You would file a claim in magistrate court in the the county of residence of the defendant. That said, have you made a property damage claim with the at-fault person's insurance company?

  2. G. Jason Thompson

    Contributor Level 9

    Answered . You also need to check and make sure you did not sign a release of "all claims," which would preclude you from pursuing your property damage claim/lawsuit.

  3. Glen Edward Ashman


    Contributor Level 20

    Answered . Before filing you need to make sure your PI release didn't realease all claims.

    You would file in the other driver's county.

    In answering questions on AVVO, the law office of Glen Ashman is not undertaking to represent you, and you should... more
  4. Stephen Mark Ozcomert

    Contributor Level 5

    Answered . As the other answers indicate, I am concerned that you may have signed a "general release of all claims" that will likely preclude your ability to collect for property damage. Did you have an attorney represent you on the bodily injury claim? If so, you need to ask your attorney about this issue. Perhaps your lawyer carved out the property damage claims from the bodily injury release. If not, you are likely out of luck. In the event the release did not cover the property damage, then you can bring suit in the magistrate court in the county in which the other driver resides.

Related Topics

Fault laws and personal injury cases

Fault, in personal injury cases, determines liability for an accident. Someone who is found at fault may be required to compensate the victim through damages.

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

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