This form is a sample first amended complaint for use in a personal injury case involving a vehicle accident due to negligence.
Texas First Amended Complaint - Vehicle Accident
State:
Multi-State
Control #:
US-PI-0248
Format:
Word;
Rich Text
Instant download
Description
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How to fill out First Amended Complaint - Vehicle Accident?
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FAQ
Amended complaint. n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), or upon order of the court.
An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint.
The courts are most likely to agree to allow the other party to sue you for additional damages after receiving payment from your insurance company if he or she claims fraud or coercion. Fraud or coercion may occur if you, say, bribe the injured party to accept a settlement but then go back on your deal.
Your insurance provider is only liable for payment up to your policy limits. If a car accident victim sues you and receives a judgment for more than your car insurance policy limits, you are personally liable for the amount above your policy limits.
You might get a judgment against him in excess of the policy limits. But, the insurance company would still only be responsible for their policy limits. You can then try and collect that extra money by enforcing the judgment against the other driver's non-exempt assets, if any.
Rule 15(c)(1) indicates that an amendment to a complaint will relate back to the date of the original pleading if certain conditions are satisfied. First, the law that provides the applicable statute of limitations must allow the relation back. Fed.
The only time you would face personal liability is if the judgment against you exceeds your insurance coverage. In that case, you would face a deficiency judgment, which is a debt that equals the amount of the claim against you minus the amount of your liability insurance company's policy limits.
You should not wait long to report a car accident in Texas to your insurance company. You may generally have 30 days to file a claim with your insurer. This deadline may be different for each insurance policy.
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
Second Amended Complaint means the pleading to be filed prior to the Final Judgment defined below is entered and which will be the operative pleading for purposes of entering Final Judgment.