Q: Hit by insurance less driver cartotaled Trying to sue but can’t find the lady now as it appears she moved. What do I do
My wife was hit from behind by an insurance less driver about 6 months ago. We decided to sue as my wives car was totaled. The person who hit us appears to have moved and after about 3 attempts to have her served we’ve had no luck. The total damages equal about 4K and we had to take out a loan for another vehicle because of it. What options do we have?
A:
You need to talk with a civil attorney who deals with auto insurance. I'm not sure you have much recourse other than through "mini tort", which is limited to your deductible.
One other thing to keep in mind is that if this woman had no insurance and is now no where to be found....those signs tend to indicate someone with little to no money. Or, what some may call "judgment proof". You may find that you can sue her all you want, but collecting on that judgment will be a whole different story.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
