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 in Hawaii, you may have the options of filing a Motion for Default Judgment with the court or filing a Motion to Compel Appearance. A Motion for Default Judgment is a request for the court to enter a judgment against the other driver due to their failure to respond to the lawsuit. This judgment can include an award of damages that you are seeking from the other driver in the accident. A Motion to Compel Appearance is a request for the court to order the other driver to show up to court to answer questions about the accident. If you choose to file either motion, you must first properly serve the other driver with the papers. This means that you must make sure that they receive a copy of the court pleadings and any notice of the court action. If the other driver still does not respond, you must then file the Motion with the court and obtain a court order for the other driver to appear in court. If successful, the court will issue an order requiring the other driver to appear in court and answer questions about the accident. However, if the court finds that the other driver is not to blame for the accident, the court may also dismiss your lawsuit. Regardless, it is important to take the necessary steps to obtain a court order if the other driver is not responding to your lawsuit, as this may be your only chance to receive compensation for your damages.
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