QUESTION
Which company should we file a lawsuit in and why?
Asked on Aug 25th, 2015 on Litigation - Michigan
More details to this question:
We live in one state. A tow company dropped our bus, twice. They are insured by a company based in another state and their claims division is in another different state. Can we have an attorney here in our state to handle the settlement?
8 ANSWERS
Legally, your claim is only against the tow company. ?You have no claim against the insurance company which has a contract with the tow company to pay for damages it causes. ?So it is entirely irrelevant where the insurance company is located. ?If they are offering a settlement, why are you considering a lawsuit before you know their offer. ?See what it is and then you can decide if it is worth getting an attorney, do you just want advice from the attorney, a demand letter, etc. ?If you hire the attorney to handle the entire case he may charge 1/3 of the recovery so it might be cheaper to hire an attorney on an hourly rate basis, depending on how much work they have to do.
Answered on Aug 27th, 2015 at 6:57 PM
Edwin K. Niles
Venue would be where the incident occurred.
Answered on Aug 26th, 2015 at 2:29 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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While each state has its own rules about these things, generally you can sue a wrongdoer in the place where the wrongdoing occurred, or where he,she, it, or they, have their principal offices or carry on business. The lawyer you will surely consult will not doubt review the relevant facts and law and determine which place(s) is (are) permissible.
Answered on Aug 26th, 2015 at 10:54 AM
James Eugene Hasser
Look to the state where the accident occurred. That is where suit needs to be filed and where you need to have a lawyer. Good luck.
Answered on Aug 26th, 2015 at 9:04 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You may have a choice of which state and county within which to file a claim, you would need an attorney to analyze your facts, any contract that is involved and do some legal research to give you a precise answer. Typically you sue in the state and county where the incident happened, but if there were 2 incidents in different counties and/or if there was an agreement (contract) that was written up somewhere else (or specifically indicates where any suit should be filed) then you may either have a choice of venue or may be required by agreements to file in a particular place.
Answered on Aug 26th, 2015 at 12:05 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Jurisdiction is in the state where the incident occurred or in the state where the defendant resides. It doesn't matter where the insurance company or the claims department is located.
Answered on Aug 25th, 2015 at 8:16 PM
Ronald A. Steinberg
Where the accident happened.
Answered on Aug 25th, 2015 at 8:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest you make a claim for whatever damages you have incurred with your insurance company, hopefully you have one. Will they should pay your damages and then they will seek reimbursement from any party who is liable for the damages. If you do not have any insurance coverage then you should be speaking with an attorney.
Answered on Aug 25th, 2015 at 6:53 PM