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 8 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.


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