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

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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

Answers:

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

Answered 6 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.


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