Legal Question in Personal Injury in California

hit and run damage

My car was hit by a woman who left a note but has decided not to pay for the damage. I did not get her home address. She informed me her lawyer was going to handle it, and the lawyer now states we need to take her to small claims court. Can we serve her at her lawyer's office or do we have to hire somone to find her address? Are we entitled to re-embursment for that cost and the court cost fee? It is about $1000 worth of damage. Thank you.


Asked on 5/22/07, 4:00 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: hit and run damage

Find her with a web site such as zabasearch. Since she (obviously) doesn't have auto insurance, file an SR-1 report with the DMV when you find out her address and her license will be suspended. When you win your case in small claims court you can recover your court costs.

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Answered on 5/30/07, 5:57 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: hit and run damage

You should file an SR-1 with DMV. Follow that up with an SR-19 and the fee to get her address.

Then, ask her attorney to accept service on her behalf. If he says no, you have her address already and can serve her.

Then, sue her for the damage plus loss of use plus court costs. When you win, you will get you costs of filing and serving back.

For more on small claims court, email me at [email protected] and ask for my free small claims court e-book.

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Answered on 5/30/07, 5:59 pm


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