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Not looking for legal advice, just need procedural help...I am told the clerk of the court in my county will assist me in filling out the forms, but I can not get through to them on the phone and don't have time to drive down to the court house.

Quick question, can I submit a Warrant in Debt without a lawyer? I am pretty sure the answer is yes.

Second question, this involves a diminished value claim from an auto accident with injuries that I was not at fault in. Long story short, my expert says I am entitled to $11k diminished value. The insurance company says I am entitled to $4700. The insurance company won't budge. I am in Virginia, the insurance company is based out of New Jersey. The person that hit me also lives in Virginia in the same county. If I submit the Warrant in Debt, do I list the Insurance Company or the person that hit me as Defendant or both?
 

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1.) You need to file in person. 2.) Yes they can help with filling out paperwork by the clerks office referring you to local lawyers that you will have to pay for. 3.) Sounds like you are not going the small claims route, so it would be very smart to get a lawyer. Especially since you mentioned you are busy. Unless you have the time to read and become filmilar with VA civil law. 4.) You are going to sue the individual or entity that has caused your grievance....Basically you are going to sue the guy who hit you. His insurance company is going to represent him though because they will most likely be the ones who have to pay if he losses and XXX judgment is awarded to you. 5.) READ the document the lawyer is going to make you sign before they represent you. Most lawyers are going to try and settle out or court because it's easy money for them and after all the dust settles you will probably will get 50% of what you are suing for.....So if the insurance company offer's you $5000 and you sue for or think you can get $11,000. You will spend years before you get to court and probably only get $5000 after all fees. The lawyers are the only one's that win..... Your best strategy is to find a lawyer who will file the lawsuit for a specific fee and charges a set fee per hour. It's probably going to be a $1600 gamble to see if suing will make the insurance company offer you more money.

DISCLAIMER: This is not legal advise and consult your lawyer.!
 
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