1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Lawstuite Defedant isn't severed, What next

Discussion in 'Civil Court, Procedure & Litigation' started by Oliver L Williams Jr, Apr 18, 2019.

  1. Oliver L Williams Jr

    Oliver L Williams Jr Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Georgia
    I am suing someone that hit me in the rear. After dealing with his insurance company. They only want to pay my medical bills and nothing for pain and suffering lost wages, etc. So I turned down their offer and decided to sue the insured. The sheriff has made several attempts to serve the insured but nothing how should I continue the suing procedure if they can't serve him?
     
  2. army judge

    army judge Super Moderator

    Messages:
    30,614
    Likes Received:
    4,254
    Trophy Points:
    113

    That isn't new.
    The insurance company didn't hit you.
    You are free to sue the insurer.
    If you wish to do that, hire yourself a lawyer.

    Good luck with that, boss.


    A defendant must receive NOTICE that someone wishes to sue her/him.

    Your defendant is what I call, slick snake.

    Until he's been PROPERLY served, your hands are tied, and your lawsuit goes nowhere.
    That said, hire yourself a lawyer, and have the lawyer sue the insurer.

    Good luck, boss.
     
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,754
    Likes Received:
    1,508
    Trophy Points:
    113

    Sorry, Judge, nobody gets to sue the at fault party's insurance company because the insurance company was not a party to the accident. The insurance company only represents its insured. OP is correct to sue the driver that hit him.

    Just like if you sued your wife for divorce, you wouldn't sue her lawyer. Or if you sued your tenant for past due rent, you wouldn't sue your tenant's lawyer.

    Hire a private investigator who is also a process server. It'll cost you but they know all the tricks and will get your defendant served.
     
  4. army judge

    army judge Super Moderator

    Messages:
    30,614
    Likes Received:
    4,254
    Trophy Points:
    113

    By the way, until the matter has been litigated, there are no "at fault" parties, merely allegations of fault (or collusion with Russkies). :D

    I knew that adjuster j, just trying to help the lad "keep hope alive".

    The lawyer in a face to face is more likely to deliver "bad" news more gently than a snarky, old curmudgeon would.
     
  5. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,005
    Likes Received:
    609
    Trophy Points:
    113

    I assume you meant that a car he was driving rear-ended a car you were driving.

    That's a question for your attorney. If you don't have one, you should strongly consider retaining one. If you insist on handling this on your own, you'll have to learn the rules of procedure. If you are ultimately unable to serve (not "sever") the defendant, you may need to apply to the court to allow you to serve by publication. However, before you get there, hiring a private process server is the first step since they almost always do the job better than the sheriff. You may also need to hire a private investigator to verify the defendant's residence and maybe find where he works. You can also ask his insurer to accept service on behalf of the insured.

    While this is true (anyone is "free to sue" anyone for anything), doing so would be frivolous. The defendant's insurer is not a proper party, and any attempt to sue would be met with a motion to dismiss that would be quickly granted and could get the OP sanctioned for frivolously suing the insurer.
     
  6. army judge

    army judge Super Moderator

    Messages:
    30,614
    Likes Received:
    4,254
    Trophy Points:
    113

    Thank you Professor.
    I pray you won't hold this against me when you submit my semester grade. :D
     
  7. Oliver L Williams Jr

    Oliver L Williams Jr Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    I did that and he was the one that left me with the medical bills, by cancelling my case and won't say why. SMH there is much more to the story
    So The person that hit my vehicle the insured not the insurance company already know I can't sue them they didn't hit me the insured did
     
  8. army judge

    army judge Super Moderator

    Messages:
    30,614
    Likes Received:
    4,254
    Trophy Points:
    113

    That sucks.
    You can complain to the state bar association.

    It might be the one who hit you didn't have insurance, or had such a paltry level that you might have to go after him.

    However, he might be a deadbeat, without any assets.
     
  9. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,754
    Likes Received:
    1,508
    Trophy Points:
    113

    It's summer school for you, Judge. LOL.
     
    army judge likes this.

Share This Page