You can sue the "young man" just like you would sue anyone else. The fact that he was driving the "ex-magistrate's car" makes no difference when suing him. Depending on the amount of your property damage, you can sue in Small Claims Court if the damage is less than $3,500.00. The Nebraska Supreme Court's website has a form you can print and fill out to file a case in Small Claims Court. If the damage is more or you do not want to go to Small Claims Court, you can file a "Complaint" in either County or District court. Under Nebraska law, you can file a lawsuit in either the county where the accident occurred or where the at-fault driver lives. If these counties are the same, then you have to sue there. If these are different then you can pick which county you want to sue him in. What you need to put in your "Complaint" and the other steps in the legal process are beyond the scope of your Question. You also mention that at least one person in your vehicle was injured in the accident. He or she has a separate personal injury claim against the at-fault driver. You might want to talk to an attorney to learn more about your rights and options. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Oct 23rd, 2012 at 7:41 AM