My subpoena was never recieved?

Question

I was involved in a hit and run accident, me being the victim. Apparently I was to recieve a subpeona for court in november 2006. I never got the subpeona and the man was dismissed on hit and run charges but convicted of public nuesence. Do I automatically lose because he is now cleared of hit and run? Is there a way to get him back into court to get him to pay to repair my vehicle? The accident happened november 05. No one has contacted me about anything and I have no idea how to get ahold of the man. Should I find a lawyer? The estimate for the car is 3000 dollars. Is it worth trying to get this man back into court to at least pay for damages? My insurance would total it out at about $300 as it's a '72 car...no replacement parts easily available, so my insurance wont cover it. Should I just give up and realize life isn't fair? Ahh I hate dealing with this kind of stuff. Thanks for any advice.

Answer 1

Arrowsofowls: Sorry this wasn't taken care of you by your local prosecutors!

But, in some jurisdictions, a criminal finding of guilt for Hit and Run still isn't enough to cause the person to have to pay you restitution i.e the court still can't order him to pay. This is the sorry state of the law in the State of Washington. They consider the elements of H&R not to encompass damage but only the hitting and running, so restitution can't be ordered. (yes, I also believe this is crazy too...)

It sounds to me like the your Mr. Hit and Run (H&R) had been charged in the CRIMINAL court for the CRIME of hit and run. Too bad, but the prosecutor's office screwed it up for you somehow. Remember this when the next election comes up and vote against the bum.

Forget about suing the government for screwing things up. Sovereign Immunity. So we are forced to wipe our tears and move forward...

Now you will have to file your own civil law suit against Mr. H&R for damages. Check into your local court for information on filing a small claims action. Usually they have a little booklet explaining the procedure. Even better, in many jurisdictions, lawyers aren't allowed to participate in small claims actions. The idea behind small claims is that you "do it yourself'.

Very likely Mr. H&R won't even show in court for your lawsuit and you will get a judgment against him. Then you get to learn all about trying to collect on your judgment. You probably can get Mr. H&R's name and address on the copy of the police report that you are going to get for free from the bum prosecutor that screwed up your case. Hopefully he owns property and you can put a lien on it and force him to pay you.

You may ask... Schmegicky, Can you file a civil case after the criminal one was dismissed? You better believe it! Just ask OJ Simpson...

Disclaimer: This isn't legal advice and you should talk to a living breathing lawyer who will give you a free consultation, with the thought that you would be doing the case by yourself.

~Mr. Schmegicky
Proud owner of several 1970s cars... A Maverick and a Town Car (land yacht)

Answer 2

Yes you lose. If you never received the subpoena, then you might have a suit against the Deputy Sheriff who was supposed to serve it. For this you would need the services of an attorney. If you do talk with one, ask him to look over your insurance policy, and see what rights you have under it. As far as the man, who was dismissed, you can not charge him with the same crime again.

Answer 3

In order for this man to be summoned to court you or someone must be able to locate him. As far as the car is concerned the year model is quite old and has very little value and you loss may not be recompsnsible for that reason. Hope this helps.

Answer 4

You're out of luck. You failed to appear, therefore there was no basis for the judge to grant a continuance or a judgement in your favor. The guy got a judgement against him based on something else. Sorry.

Answer 5

Do you have your own insurance? Most policies have a clause where they agree to represent you. Call your agent and ask.