If an insurance company is low balling me on an automobile settlement, how can I go after the driver in small claims court if I don’t have his address?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If an insurance company is low balling me on an automobile settlement, how can I go after the driver in small claims court if I don’t have his address?
No personal information was exchanged at the time of the accident, just insurance information. The insurance company has already paid for the damage done to the vehicle. I am pursuing a diminished value claim and the insurance company is being unreasonable in their settlement. Can I subpoena the insurance company for the drivers address so I can take him to court?
Asked on July 13, 2012 under Accident Law, Oregon
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 12 years ago | Contributor
Yes, you can do that. The best option would be to go to a local private investigator. PI's have access to databases and should be able to get you the information for the driver based on the paperwork you have.
If not, then you can sue both the driver and the insurance company for the diminished value. Diminished value claims can be tough to prove though.
You should hire a local attorney to evaluate your claim, as your settlement with the insurance company may have barred you from making any future claims against both the insurer and the driver.
Best of luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.