Legal Question in Traffic Law in Kansas

Re: No Insurance

You would file a suit in civil court. but, you may be able to convince the Douglas county (assuming that is where the collision occurred) Prosecutor to charge the other driver with a traffice offense. That is unlikely, but possible. You may also be able to make a claim against the brother's insurance policy, or sue him also.

As for service, if the other driver is staying on campus for athletics over the Summer, the deputies can serve him. Otherwise, you or your attorney may have to hire a private process server.

You should move on this quickly.

Good Luck

Re: No Insurance

You could file a lawsuit in small claims court against the driver of the car. Without knowing more facts, I assume the damages were not over the limit for a small claims action. If the other driver was at fault, you will get a judgment against him. The problem is trying to collect the judgment. If he has no money and no assets, you will have a tough time getting any money out of him.

You may want to file the lawsuit anyway before the statute of limitations runs and get a judgment. The cost of filing a small claims lawsuit is not very expensive. That way you will have a judgment that can be renewed when it runs out. If the guy ever does come into some money, you will have that judgment to force him to pay you.