I was hit, Driver moved away

[Hydroshock]

What is the name of your state (only U.S. law)? CO

Hello,

Recently I had issues with another driver providing an invalid insurance on an uninsured vehicle. Well I had an issue with filing small claims as the other driver provided an address which they didn't live at anymore.

However thanks to a Facebook profile, I found that the girl that hit my car is married to an army guy that recently enlisted, whom is the owner of the car, and have an assumption that they're now living on a military installation.

Is there a way to serve small claims through the military? I have been unable to find a way. In reality if it's a lot of effort, the repair was ~$500, it may seem not worth pursuing.

 

[davew128]

What is the name of your state (only U.S. law)?Is there a way to serve small claims through the military?

The person who hit you is not a member of the military......

 

[Hydroshock]

Right, I failed to mention, maybe I should clarify. I actually believe they're stationed overseas, along with the wife that did.

From my understanding small claims need to be filed where the defendant resides.

 

[ecmst12]

You will have to wait until he returns to serve him. You can try contacting his command, the military generally does not like when servicemembers ignore their responsibilities.

 

[latigo]

You will have to wait until he returns to serve him. You can try contacting his command, the military generally does not like when servicemembers (sic) ignore their responsibilities.

"To serve him"? Why "him"? "Him" wasn't driving!

And what do you envision will happen to this "servicemember" (sic) when his "command" learns that he has been shirking his "responsibilities? Thirty days bread and water? . . . KP? . . . Wash the colonel’s car?

________

By the way, are you going to tell the OP that you don't have an iota of a legal credential and the closest you ever came to a school of law was a picture postcard of the University of Notre Dame, or do I have to?

 

[OHRoadwarrior]

IMO your best option is to research an alternative method of service. Some states allow publication in a newspaper I believe. Once you have the judgment you can them proceed w/an attempted collection. File against the owner and driver.

 

[ecmst12]

It's fairly pointless to try to sue a deployed servicemember, since he will just get it postponed until he returns anyway.

And yes, OP needs to sue the owner AND the driver; the owner is the one responsible for maintaining insurance which apparently he did not, ergo negligence.

 

[latigo]

. . . the owner is the one responsible for maintaining insurance which apparently he did not, ergo negligence.

Boy, you really out did yourself with that piece of rot!

Absence of vehicle liability insurance = negligence.

I suppose that if the OP was plastered, ran a red light and t-boned an uninsured vehicle it would end up a draw. What a flippin joke!

You’ve been faking credentials in here so long you are beginning to even fool yourself.

 

[ecmst12]

He allowed his vehicle to be driven without insurance. That is negligence which can/should result in his being jointly responsible (with the driver) for damage done in an accident that the driver of his vehicle caused.

 

[Zigner]

He allowed his vehicle to be driven without insurance. That is negligence which can/should result in his being jointly responsible (with the driver) for damage done in an accident that the driver of his vehicle caused.

Lat's right on this. Insurance (or lack thereof) has no bearing on the accident itself (ie: negligence). It DOES have an impact on the liability for the accident though.

ETA: It wasn't the owner's negligence that caused the accident.

 

[ecmst12]

I never meant to imply the owner caused the accident, only that he was liable for the damages. But liability requires negligence, so that is the negligence which leads to his liability.