Saturday, 22 February 2014

About a year ago I was in a car collision with a guy driving a snow plow pickup truck at a White Castle parking lot. He abruptly reversed, h...

Question

About a year ago I was in a car collision with a guy driving a snow plow pickup truck at a White Castle parking lot. He abruptly reversed, hitting the front end of my car. I was very upset and demanded he provide me with his insurance information and driver's license information at which point he told me he didn't have any identification whatsoever. So I quickly got my phone and took pictures of the damage and his license plate. I went into my car to call the police because it was extremely cold that night, then he proceeded to leave drive away. So I turned my car back on and tried following him but he was gone. I drove to the police station to file a report. On my way home, my car turned off and has not been able to get started again since. I have not received any information from his insurance to this date. I took my vehicle to get a repair estimate. The total cost of the repairs is $10,000.00. I have filed a small claims summons against him twice, but the sheriff's department has not been able to serve him the summons. This ordeal has caused me much pain and inconvenience in my life. I don't know what to do and I feel like he is getting away with a hit and run. I just want to get my car back and my life back together. What can I do?



Answer

Generally, the Sheriff's office will only make a minimal effort to serve. You need to request another alias summons and confirm court authority to use a private process server. You can look around or get referrals. One is ATGLegalServe.

Ideally, you would be represented by an attorney, but this may be a cost-benefit analysis in your case. I do not expect that you would find an attorney to work on a contingency and if you pay hourly you will incur more in legal fees than you may want to risk since your results cannot be assured.



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