Can a U.S. resident sue someone for a hit and run that happened to their son in Mexico, if he is a resident in Mexico?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a U.S. resident sue someone for a hit and run that happened to their son in Mexico, if he is a resident in Mexico?
One of my family members got hit by a vehicle and was a victim of a hit and run and the person who did it was found and confessed to it. Can the mother who is a U.S. resident sue the person who did the hit and run to their son in Mexico and who is a Mexican resident?
Asked on April 15, 2017 under Personal Injury, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
First, if the son is an adult (18 or older) and not legally incompetent (with the mother as guardian), the mother cannot sue anyone for his hit-and-run: he may be able to, but one adult, even a mother, cannot sue on another competent adult's behalf.
Second, if as you indicate, the accident occured in Mexico, any lawsuit could most likely only be brought in Mexico, under Mexican law; U.S. courts would most likely have no jurisdiction over an accident occuring in another country. A U.S. court would have insufficient connections to an accident occurring in another nation to exercise jurisdiction or legal authority.
Third, even if jurisdiction, or court power, could be asserted over a Mexican resident for an accident in Mexico, it would be very difficult to legally serve the Mexican resident with the summons and complaint to start the lawsuit, unless he happened to be here in the U.S.; and even if you were able to do that, if he simply ignored the suit and remained in Mexico, it would be almost impossible to actually recover or collect anything from him, unless he had significant U.S. assets (e.g. a U.S. bank account or U.S. real estate).
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.