Legal Question in Personal Injury in California
Filed suit in small claims for a car accident, but can't find defendant to serve complaint (DMV has no current record). Can one subpoena the adjuster/defendant's insurance company to force them to reveal her address?
Asked on 5/17/10, 2:00 pm
1 Answer from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
One can try, although the insurance company will claim privacy. What you can do is get a court order to publish. Once published, that would be considered service, and you could take the defendant's default. Once you have the default judgment, you can then try to collect from the insurance carrier. You might want to send the insurance carrier a courtesy copy of the claim to put it on notice that you're seeking money damages from its insured.
Answered on 5/22/10, 6:13 pm