Legal Question in Civil Litigation in Virginia

Fender Bender

I was involved in a parking lot fender bender and because it was on private property no report was taken. I have filed a civil action againest the other driver for damages to by vehicle. (Negligence: Improper backing)

I am required to file a ''Bill of Particulars'' for the defendant's attorney. What should be clearly stated in this form?

Asked on 12/04/08, 3:25 pm

2 Answers from Attorneys

Jonathon Moseley Moseley & Associates Law Firm
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Re: Fender Bender

You should put every detail possible about what you are claiming. Just all the facts. Technically, anything that you do not put in the Bill of Particulars cannot be used at trial. However, nobody ever follows that rule. But just to be safe you should include every detail of fact in the Bill of Particulars. So tell the entire story factually. A Bill of Particulars is not the place where you need to write any legal arguments, just the facts.

If you have any documents that you intend to use at trial, such as an invoice for repairs, go ahead and attach those documents to the Bill of Particulars.

If you have not already had the car repaired, you CANNOT use an estimate of what it "might" cost to repair the car. You have to bring a mechanic to court with you to testify fro his expertise what the repairs might cost.

The most important thing, however, is to make sure you file it on time (EARLY, preferably), and both file a copy with the court and also mail a copy to the defendant's lawyer. 9 times out of 10 the biggest problem with a Bill of Particulars is failing to file one on time.

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Answered on 12/04/08, 4:20 pm
Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Fender Bender

The particulars, of course, leading to these charges, under the standard captioned case heading for any case filed in the general district court,

and after the standard introduction explaining to the court who is filing the BOP(Bill of Particulars), a listing in numbered paragraphs (double spaced) the important facts and law underlying your claim(s).

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Answered on 12/04/08, 4:26 pm

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