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Car Accident Claims FAQs

What if my case involves a car accident with an out-of-state driver?

You would file in the same manner as any other case, but you should request that the case be scheduled in no sooner than 70 days. You'll need to have a claim served to the Department of Motor Vehicles (DMV) legal office in California and after the DMV acknowledges receipt of the claim, you would contact the sheriff's department where the driver lives or hire a process server in that state to serve the driver. Then file the acknowledgment of receipt from the DMV and the Proof of Service-Small Claims (form SC-104) with the small claims court.


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