What will happen if I was in an car accident because the other guy merged into my lane and hit me but he has no insurance and his license is suspended?

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What will happen if I was in an car accident because the other guy merged into my lane and hit me but he has no insurance and his license is suspended?

The office said that I would be subponed to appear in court. Do I need to stay in home or can I go on my vacation? The accident happened out of state. I have plans to go on vacation next month. What will happen if I am away and they try to serve me?

Asked on January 8, 2014 under Accident Law, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you have uninsured motorist coverage on your auto insurance policy, you can file a claim through your insurance company for your property damage (the cost of repairs to your car).  If you were injured in the accident, your personal injury claim is separate from your property damage claim, but would also be filed through your insurance company as an uninsured motorist claim.

If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault party for negligence.  If you get a judgment against the at-fault party, you can enforce it with a wage garnishment.

As for the subpoena, since you haven't been served and don't know when the court date is, go on your vacation.  If you aren't home, multiple attempts will be made to serve you with the subpoena.  It won't be effective notice of the hearing  until you are served.


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