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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

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


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?

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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.

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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 consider hiring counsel to assist you. In that answers here are based on brief and limited information there may be facts that would affect the accuracy of an answer here, so again, hiring counsel is always prudent. If you are in the area and wish to retain Mr. Ashman, you will need to call for an appointment and sign a retainer agreement.

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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.

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