What can I do if I was rear-ended by an uninsured driver who didn’t have his license on him?

UPDATED: Jan 5, 2015

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What can I do if I was rear-ended by an uninsured driver who didn’t have his license on him?

He hasn’t responded to my attempts to settle the costs he owes me, and he was evicted from the address on the accident report 3 months before the accident occurred. I can’t have him served without his current address.

Asked on January 5, 2015 under Accident Law, Texas


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

Answered 8 years ago | Contributor

You can locate the uninsured driver for service of process by having a process server do a skip trace.

If the skip trace is unsuccessful, then you can have the uninsured driver served by publication.  Service by publication is running a notice of your lawsuit in a newspaper for a specific period of time.  The required period of time varies from state to state.  The court clerk can tell you how long the notice has to run in your state for valid service by publication.  Service of process by publication is effective even if the uninsured driver does not see the notice in the newspaper.

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.

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