Legal Question in Civil Litigation in California
I am in Marin County Ca. I a civil suit in Marin County against defendant who is inl San Diego, regarding bodily injury in an automobile accident. The defendants insurance company is also in San Diego. Can I serve them by mail?
2 Answers from Attorneys
No. There is a process called Notice and Acknowledgement of Receipt where you can mail the summons and complaint with a form by that name. They then can elect to sign it and send it back, and they will then be deemed served, but if they choose not to, you have just wasted your time. I should also warn you of a few things. 1. Unless the accident happened in Marin County, you cannot sue them in Marin County. You have to sue them where it happened or where they live. 2. You cannot sue the other person's insurance company. The California Supreme Court ruled over 20 years ago that the insurance contract between the insurance company and their insured gives no rights of any kind to the people injured by the insured. If you are serious about trying to win your case, you really need to try to hire an attorney.
You will get 0 and the insurance company will laugh at you. Get an attorney.