Legal Question in Civil Litigation in New York

I need to sue someone in small claims for unreimbursed costs of a car accident (the other party's insurance paid most of it). I don't know if I'm going to have to file suit in NYC or PA, but in any case, I need the other person's address. All I have is the name and cell #, and not much else.

Using a cell phone reverse directory doesn't work - either nothing comes up, or it's just a list of dozens of possibilities.

So, my question has two parts:

1. Other than hiring a P.I., is there any other good way that I can obtain their address?

2. If I have to hire a P.I., can I add the costs to my lawsuit? Or more to the point, am I entitled to being reimbursed for those costs? It's quite possible that the P.I. costs will be more than what I'm suing him for - I don't know if that will affect the likelyhood that a judge will award it.


Asked on 11/17/09, 12:03 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

1. If there was an auto accident there must have been a report filed with the police. You may be able to obtain the person's address from that report.

2. If you reported the accident to your carrier, and the other individual reported the accident to their carrier, you may be able to have your carrier help you obtain the other person's address.

3. You may be able to subpoena from the other person's insurance company the address of the other driver.

To answer question question #2, you may ask for the cost for the PI. However, generally, those costs are not awarded.

Mike.

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Answered on 11/22/09, 1:25 pm


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