I was sitting still on the expressway when a woman in a merging lane failed to yield hitting my car. She told the officer at the scene that she was in the far right lane and the officer noted that her lane was the merging lane. She then told her insurance company that the accident happened at a different exit and I merged into her lane. She then told them had the accident happened at the other exit she would have been in the left lane. Her insurance company took her word and sent me a check for 105.00 which I refused. Now I left trying to use the court to compel her to pay for the 2400.00 in damage.
You can pay to have the sheriff serve her personally, or, you can pay a personal process server (Fastpro is in louisville so you could contact them) to server her personally. Either way, it will cost you money. It's a common problem to have.
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I assume you do not have Collision coverage for your vehicle such that you could file your property damage claim with your own company. Therefore, you can pay the county sheriff's office to try to get service of process on the other party, or alternatively hire a private investigator to do so. Assuming you get the party served, then you can seek those "cost of service" expenses in your lawsuit in addition to the cost of repair.
I agree with my colleagues. If you have not already done so, have the Sheriff serve the defendant and if that doesn’t work you can have a special bailiff attempt service.
The information you obtain at this site is not, nor is it intended to be, legal advice. This communication does not create an attorney/client relationship. You should consult an attorney for advice regarding your individual situation.
Have you tried service by special bailiff? Also you can notify the insurance company that you are suing the defendant, and perhaps they will help you locate him. If you are also injured speak with an attorney.
By answering questions in this forum, Attorney Anna Aleksander does not undertake to represent you in your legal matter, and no attorney-client relationship is formed. Answers are provided for general informational purposes only and should not be relied upon as advice of counsel. Speak with a lawyer who practices in this area to determine the best course of action for you and your case.
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