In a Las Vegas Car Accident Case, How do you Serve a Lawsuit on a Defendant Driver When they Cannot be Located?

If someone is in Las Vegas for a weekend of relaxation and fun, causes a car accident and goes back home to their home state, they can still be served with a lawsuit in Nevada. Most people do not know that in Nevada, every person who drives on Nevada roads is giving permission to the Director of the Department of Motor Vehicles to accept service of a lawsuit on their behalf. Service through the DMV applies if a defendant driver cannot be located within the State of Nevada, at the time a lawsuit is filed.

If you are in a car accident and the other driver who caused the accident cannot be located at the address they provided to the police and was listed in the traffic accident report, then you can serve the Nevada DMV with the lawsuit instead. Nevada Revised Statute §14.070 is the law that allows for the DMV to accept the lawsuit on a defendant driver’s behalf. 
 
To properly go through the DMV, your Las Vegas car accident lawyer will first attempt to have a process server, serve the defendant driver with the lawsuit. However, once it becomes apparent that the defendant driver no longer lives at the address listed in the traffic accident report and cannot be located by other means, then your attorney can move forward with the process of serving the lawsuit on the Nevada DMV.

To do this, you must send a copy of the Complaint and Summons (lawsuit) to the address of the defendant driver listed in the traffic accident report, via registered or certified mail, return receipt requested. Once your personal injury attorney receives the notice from the post office that the documents were not deliverable, then you can move forward with the process of serving the DMV with the lawsuit.

One may ask, how does the driver find out about the lawsuit, if the DMV is served with the lawsuit? The answer lays in the fact that having valid car insurance is a requirement to drive a vehicle in the state of Nevada. Once the DMV accepts the lawsuit, then your Las Vegas car accident attorney will separately notify the defendant driver’s insurance company that a lawsuit has been filed and properly served. The insurance company will then contact their driver and insured and let them know about the lawsuit. That way no one is sued without their knowledge.

Next time we will discuss special issues in motorcycle accidents.

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