Visitor Question

How to find a Defendant?

Submitted By: Charlie (Houston, Texas)

I want to file suit on a defendant for an MVA (Motor Vehicle Accident), but there was no police report made, and other than the Defendant’s name I don’t have any other information to go on. Is there any way I can get his information from his insurance company? If so, how do I go about that? Is there any other way I can find out who the defendant is so I can file suit against him? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Charlie,

You are in a difficult position. Presuming you have the name of the negligent party’s insurance company, you can certainly contact them. Unless the insured’s name is John Smith, or another very common name, you should be able to at least speak with someone at the insurance company who will direct you to the appropriate adjuster.

It will be especially helpful if the insured contacted his insurance company at or about the time of the collision. If so, you will be able to effectively deal with a settlement claim.

In the event you can’t link up with the appropriate insurance adjuster, you may have to consider alternative action. While you don’t mention if you were injured, presuming you weren’t you may have to rely in your uninsured motorist insurance. Doing so will likely result in having your property damage compensated.

Thereafter, it will be up to your insurance company to subrogate against the negligent party. To subrogate means your insurance company will want to be reimbursed for their payment to you. The insurance company has more assets at their disposal to track down the negligent party.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 24, 2014

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