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Who do I list in Small Claims Action

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My son and I were in a car accident in Nov. 98 in Illinois. It was the other drivers fault, and he was an employee driving a company truck. I have settled on the property portion, but need to persue personal injury. It was minor, certainly under the small claims court $, so I want to pursue that way. I have tried to negotiate with the drivers insurance company, to no avail. I need to list the defendents in the papers and I dont know who to list: the driver, the owner of the vehicle (the company) or the companys insurance company? (or any and all). Also, if I list the company that owns the vehicle, it is my understanding that I have to list and individuals name, who do I list? I dont even know anyone at this company. If I need to list the insurance company, again is it the adjuster that I have been working with?
I have had a terrible time tracking down ANYONE that is responsible that I can list on the documents. The company has been sold they have offices all over the U.S. I dont mind doing the research, but just don't know WHO I need to list. Thanks so much for any help you can give me.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by [email protected]:
My son and I were in a car accident in Nov. 98 in Illinois. It was the other drivers fault, and he was an employee driving a company truck. I have settled on the property portion, but need to persue personal injury. It was minor, certainly under the small claims court $, so I want to pursue that way. I have tried to negotiate with the drivers insurance company, to no avail. I need to list the defendents in the papers and I dont know who to list: the driver, the owner of the vehicle (the company) or the companys insurance company? (or any and all). Also, if I list the company that owns the vehicle, it is my understanding that I have to list and individuals name, who do I list? I dont even know anyone at this company. If I need to list the insurance company, again is it the adjuster that I have been working with?
I have had a terrible time tracking down ANYONE that is responsible that I can list on the documents. The company has been sold they have offices all over the U.S. I dont mind doing the research, but just don't know WHO I need to list. Thanks so much for any help you can give me.
<HR></BLOCKQUOTE>

My response:

You would only list as defendants, the driver and the Company that owned the truck, not the insurance company. The insurance company is just that, an insurer - - who had nothing to do with the accident. Insofar as the truck owning company is concerned, it is sufficient to merely name the company, itself. You only need to serve the "agent for service of process" of the company. The easiest way to find that name is to give all of your "Summons and Complaint" papers to an Attorney Service (See your yellow pages), and they will locate the "agent" for you for a small fee, and serve your papers on everyone; again, for a fee. Eventually, the insurance company will get the Summons and Complaint from their insured, the truck company and/or the driver. Someone from the truck company, usually a manager or higher, will appear in court on behalf of the truck company.

Any more questions? Post them here.

IAAL




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