Legal Question in Personal Injury in California

uninsured motorist

Can someone pursue an uninsured motorist claim if the defendants cannot be located for service of process, but had a liability policy in force at the time of the accident? Also, is there a way to force the defendants'insurance adjuster to either accept the claim or divulge more information about the defendants to assist in service? The situation is that plaintiff has only the name of, and policy # of defedants. Defendant insurance company confirms coverage at time of accident, but defendants cannot be found for service except by publication. Thanks


Asked on 4/26/98, 4:45 am

4 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Serve by publication

There are two things you can do. 1. Serve by publication and get a judgment, then execute against the policy. 2. Subpoena the insurance company records you need.

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Answered on 5/14/98, 9:53 pm
Steven Levy Law Office of Steven R. Levy

Cannot find defendants

The answers to these are questions are basically "no."THIS INFORMATION IS BASED ON GENERAL PRINCIPLES OF LAW AND IS PROVIDED AS A COURTESY ONLY. THIS IS NOT INTENDED TO, AND DOES NOT CREATE AN ATTORNEY-CLIENT OR OTHER ONGOING RELATIONSHIP. YOU SHOULD SEEK THE ADVICE OF AN EXPERIENCED ATTORNEY AS SOON AS YOU HAVE ANY LEGAL QUESTION. DELAY, FAILURE TO ACT, OR IMPROPER ACTS CAN RESULT IN A COMPLETE LOSS OF LEGAL RIGHTS.

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Answered on 5/15/98, 10:25 am
Bill Barger Law Offices of Bill Barger

Missing defendants in car accident

With certain exceptions, all California car liability policies have UM insurance. This insurance is intended to compensate insureds for injury or death caused by the negligence of the owner or driver of an "uninsured vehicle." You can't "force" the insurer to accept the claim because the plaintiff has to prove the accident was due to the negligence of the owner/driver of the uninsured vehicle.

You can, after filing suit, subpoena the insurace carrier's records and obtain such information as the defendant's address, as well as evidence that he actually had UM coverage--that it hadn't been waived or some exclusion operated.Ordinary tort law applies. You might try service by publication but it requires a court order based on an affidavid of "reasonable diligence" in attempting to locate the defendant(s), and then a 28-day wait after publication.

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Answered on 5/15/98, 2:45 pm
Bill Barger Law Offices of Bill Barger

Missing defendants in car accident

Oops! Make the fourth sentence read: "insured"vehicle."

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Answered on 5/15/98, 2:56 pm


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