subject: The "non Est Inventus" Statute [print this page] Rhode Island has an important law that Rhode Island personal injury claimants should know about. This law is effective in situations where we cannot locate the tortfeasor who caused your injuries.
For example, lets assume that your Providence personal injury attorney intends to commence a lawsuit against the person that injured you, but the constable cannot locate and serve the tortfeasor. The constable will return the summons papers marked non est inventus. This is Latin for he or she has not been found.
Section 27-7-2 provides for a direct liability action against an insurer when service of process on a defendant insured is returned non est inventus, that is, when service on a defendant insured is attempted in good faith but cannot be effectuated.
The statute is designed only to provide a remedy to the injured party when service against the insured cannot be obtained. Barber v. Canela, 570 A.2d 670, 671 (R.I.1990).
This section is an exception to the general rule that personal injury claimants cannot directly name (or even allow the jury to know) the tortfeasors insurer.
Rhode Island personal injury lawyers must first make a good-faith attempt to serve the tortfeasor. This requirement presupposes a reasonably diligent effort to obtain service on the insured such as would be made if no question of insurance were involved. Collier v. The Travelers Insur. Co., 197 A.2d 493, 496 (R.I. 1964).
Once judgment enters, the Providence personal injury lawyer can enforce his clients right of recovery against the insurer. See eg Mendez v. Brites, 849 A.2d 329 (R.I. 2004) (Motor Vehicle Reparations Act claim, G.L.R.I. 31-47), Robinson v. Mayo, 849 A. 2d 351 (R.I. 2004)(Uniform Declaratory Judgments Act claim, G.L.R.I. 9-30-2).
Timing is important. Once the summons is returned non est inventus, your Providence personal injury lawyer must identify the tortfeasors insurer and then prepare new documents (the legal complaint) to file a lawsuit and serve against said insurer. If this does not occur in a timely fashion, the Rhode Island courts have held that a personal injury client could lose out on pursing their claim. For example, see Rivers v. American Commerce Ins. Co., 836 A. 2d 200 (R.I. 2003). As a practical matter, it is extremely important for you to contact a Providence personal injury lawyer soon after you are injured to preserve your claim.
