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  1. #1
    Join Date
    Dec 2008
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    5

    Default Automobile Civil Lawsuit

    My question involves small claims court in the state of: Ohio

    My question involves a civil lawsuit for an automobile crash. Last week someone ran a red light and i ended up totaling my vehicle. Unfortunately, his insurance company did not find him at fault because the witness statement did not specify which color the green light was. Im trying to file a civil lawsuit, but in small claims in ohio the maximum is 3000. They said if its over 3000 dollars that I have to type up the lawsuit myself. Is there an outline that I can use to file this with the clerk of courts or how should I type up this lawsuit, any suggestions?

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,241

    Default Re: Automobile Civil Lawsuit

    If you are suing for an amount over the small claims court amount, you really need to get a lawyer.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Automobile Civil Lawsuit

    Quote Quoting bn42
    View Post
    My question involves small claims court in the state of: Ohio

    My question involves a civil lawsuit for an automobile crash. Last week someone ran a red light and i ended up totaling my vehicle. Unfortunately, his insurance company did not find him at fault because the witness statement did not specify which color the green light was. Im trying to file a civil lawsuit, but in small claims in ohio the maximum is 3000. They said if its over 3000 dollars that I have to type up the lawsuit myself. Is there an outline that I can use to file this with the clerk of courts or how should I type up this lawsuit, any suggestions?


    If it's over the jurisdictional amount, Small claims can not hear it. What was probably meant was it has to filed in regular/municipal court, where the $$ limit is over 3 thou and would need to be generally typed to be filed. I am assuming SC is a write in form.

    If it is over the amount in SC, it matters not if it is typed or not.

    Be advised, this suit in a higher court, even if you do not request a jury, the defendant might. If you do not know how to impanel a jury, etc. it is best hire a lawyer, as his INS co already claims no liability and this will make your case harder.

    As we see, you are not entitled to a jury in SC:

    (A):

    The commencement constitutes a waiver of any right of the plaintiff to trial by jury upon such action.

    http://codes.ohio.gov/orc/1925.04

    Consult an Attorney, you may entitled to more than compensatory vehicle damage.

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