Inactive corporation: can I sue?

[saucer]

What is the name of your state? New York.

I had an accident with a car owned by a car service. The other driver ran away. The company did not release his name to the police.

I was injured. My attorney negotiated a settlement with the other party insurance company. In the meantime, that insurance company contacted me regarding my car damage. They sent an inspector, he declared the car a total loss. The company sent me their assessment of the car value and asked me to sign it which I did. Then they offered me 50% of that amount. I rejected the offer. My attorney recommended to sue then in the Small Claims Court, and I did that.

The company prepared a motion to dismiss the case. It appears that according to the law they are not responsible for the damage. They will be responsible only if I obtain a judgement against their insured (the car service company) and the judgement remains unpaid for 30 days.

The problem is that the car service company went inactive shortly after the accident. The division of business records of my state has a web site that lists the company as inactive and gives a "process address" that is the same as the company address, with addition "P.O.Box xxx". A court summons will probably return undeliverable. Is their anything I can do? Can I claim that the insurance company defrauded me by taking responsibility for the claim, giving the client time to dissolve and then deny that they are responsible?

My attorney recommended to sue then in the Small Claims Court, and I did that.

I hope you did not pay for that advice; if so, then you need to get a refund: "The company prepared a motion to dismiss the case. It appears that according to the law they are not responsible for the damage. They will be responsible only if I obtain a judgement against their insured (the car service company) and the judgement remains unpaid for 30 days."

Check with the secretary of state of your state (or whoever handles corporate registrations). The corporation may still be in a winding up situation and there may still be a registered agent you can serve.

But if all of the winding up has wound up and there is a corporation without assets, you may be out of luck...since I doubt they paid their insurance premiums.

Just a guess on the insurance stuff. Stand by for an insurance expert.

[ENASNI]

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[saucer]

If there is a corporation without assets I am not out of luck. The insurer would be responsible.
The corp. is "inactive", with some kind of address but no registered agent.