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Question about a procedure with a Small Claim

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T

toygirl

Junior Member
What is the name of your state? UT

Okay, I have a question, while I was living in S. Dakota back in June of 05' I got rear ended by a lady and the lady gave all her insurance information, so I went to the court to get a copy of the the police report since it was the lady's fault and then I was waiting for her insurance to call me and they never did, so I contacted her insurance co. which was Progressive and come to find out the lady had cancelled her car insurance in April of 05' so, of course she was driving with no insurance. Well, I ended up moving down here to Utah at the end of July and actually it was while I already lived in Utah that I found out she didn't have any car insurance. I want to take her to small claims for the damages to my car, due to the fact that she is avoiding me and already lied to me, and I'm tired of waiting, so to file the claim, would I have to go back to S. Dakota to file it, since the wreck was in S. Dakota or am I able to file the claim in Utah?

Thanks,

Tamitha
 


I

I AM ALWAYS LIABLE

Senior Member
toygirl said:
What is the name of your state? UT

Okay, I have a question, while I was living in S. Dakota back in June of 05' I got rear ended by a lady and the lady gave all her insurance information, so I went to the court to get a copy of the the police report since it was the lady's fault and then I was waiting for her insurance to call me and they never did, so I contacted her insurance co. which was Progressive and come to find out the lady had cancelled her car insurance in April of 05' so, of course she was driving with no insurance. Well, I ended up moving down here to Utah at the end of July and actually it was while I already lived in Utah that I found out she didn't have any car insurance. I want to take her to small claims for the damages to my car, due to the fact that she is avoiding me and already lied to me, and I'm tired of waiting, so to file the claim, would I have to go back to S. Dakota to file it, since the wreck was in S. Dakota or am I able to file the claim in Utah?

Thanks,

Tamitha
Click to expand...

My response:

Since you now live in Utah, and the accident occurred in S. Dakota, you have unwittingly caused a "conflict of interest" between the two States. Now, you must pick another State where to file your claim.

IAAL
 
B

bdancer

Member
Of course you have to go back to South Dakota. Where you live doesn't matter; it's where the incident took place or where the person you are suing lives.
 
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