Legal Question in Personal Injury in California

How to serve someone who moved out of state?

I was in a car accident last year caused by the other driver. His insurance company will not pay for my damages. Since I was not covered at the time ( I wasn�t aware my insurance had expired i was driving 2 weeks w/ out being covered), I was advised by an attorney to take the driver to small claims. So i filed a suit, but when i had a Sheriff serve him I found out that he had moved. I finally got a forwarded address but the other driver has moved from California to Oregan. Now how do I have him served? Do i have to re file since he has a different address? How does an out of state suit work? Also my other question is If i do go to small claims and win my case does his insurance company hae the right to still make me pay for his damages?


Asked on 4/26/12, 10:15 am

1 Answer from Attorneys
Steven Kuhn Steven Kuhn

You will need to hire a process server in Oregon to serve the defendant. This cost is recoverable if you win your case. If you win your case then you will need to try and collect from the other party's insurance or him individually. A Small Claims court decision would not be binding on the other party's insurance company for a claim they may have against you unless they filed a counter claim in Small Claims court and lost.

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Answered on 6/26/12, 9:19 am


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