What if the other driver is not responding to my car accident lawsuit?
If the other driver is not responding to your car accident lawsuit, then you have the option to seek a default judgment. In California, before you can do this, you must have the documents properly served to the defendant, meaning that the defendant must have received the documents personally or through their attorney. If this requirement has been met, you may petition the court to enter a default judgment against the defendant, which means that the court would rule in your favor without hearing arguments from the other party. If the other party is still not responding after the judge has ruled in your favor, then you may file a writ of execution to collect the money owed by the defendant. This is essentially an order from the court requiring the defendant to pay the amount that the court has decided they owe. If the defendant still does not pay the amount, the court may decide to seize the defendant’s assets or take other measures to satisfy the judgment. If the other driver is insured, it may be possible to collect payment from the insurer regardless of whether the other driver responds to the lawsuit or not. Depending on the specific details of the accident, you may be able to collect money from the other driver’s insurer, as long as the policy covers the damages you are claiming. If this is the case, you should contact the other driver’s insurance company to start the process of filing a claim.
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