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zzr1200 · Jun 17, 2010, 07:58 AM

Judgement against him, the bike had Insurance @ that time no repair bill was filed. Son had dotor bills, passenger was check-out but no injuries other than slight scraps (at that time).Now no longer boyfriend & girlfriend we think her parents got a lawyer to file paperwork. He doesn't live with me, and he is a adult : they can't come after me? I don't own or pay-for this bike ,he was just a rider listed on the insurance.He is a student & at times has a part time job (not working now).He has no money (realy no assets at all). Paperwork was served to me thinking I was him (he is a jr) court date soon he was going to court to state he was never served?

JudyKayTee · Jun 17, 2010, 09:21 AM

You had no interest in the bike? It was registered to him?

The fact that he has no assets is not a defense; Judgments are often good for 20 years.

Was this reported to the insurance company at the time? I know in NY you can get a policy (it's a rider) which covers the passenger because the driver is NOT covered by no fault.

I don't understand how he was listed as a rider on a motorcycle insurance policy - who held the policy?

It is always a mistake not to notify the Court that the wrong party was served. If you do nothing a default judgment will be obtained against him and it will take a LOT of time and energy to get it set aside.

I would "simply" notify the person who prepared the Summons that it was served on the wrong person. This may also be a case of serving you as an adult who accepted service on behalf of your son - it MIGHT be good service.

ScottGem · Jun 17, 2010, 09:27 AM

First, I agree with Judy that if they served you and you did not inform your son, then he may not be able to vacate the judgment on the grounds of improper service.

You are leaving out a lot here. You state the motorcycle was insured. So who held the policy? Who owned the bike? Was the accident reported to the insurer?

Fr_Chuck · Jun 17, 2010, 10:55 AM

First be careful with similar names, people are often garnished, in fact I was garnished a couple of years ago, for a law case of one of my sons ( and his name was not even exact) he was a Charlie, and I am a Charles. It took me three pay periods to get that garnishment stopped.

Next how old was he at the time of the accident, if he was under 18 then , not now, there are issues there also.
And again, was the cycle in your name at all /

ebaines · Jun 17, 2010, 01:46 PM

If the bike was covered as a rider on your insurance policy, then you need to contact your insurance company and tell them about it. Part of the services you pay for with your insurance is legal support in cases like this, and if your son is found liable they will cover per the terms of the insurance contract.

JudyKayTee · Jun 18, 2010, 06:11 AM

In NY I have to carry a motor vehicle (auto) policy and a separate motorcycle policy because of the difference in coverage - motorcycles are not covered by no fault. I don't know if this is the situation everywhere or not.

Also insurance to cover the rider is optional. Without it, with just the basic policy, there's an accident with injury and the driver has no coverage for that claim.

Again, have no idea how other States work.

twinkiedooter · Jun 18, 2010, 09:28 AM

How did he get a judgement against him if his passenger had no injuries? Was medical information presented with doctor bills? How was the judgment obtained - was it because you didn't notify him of the lawsuit in progress? What is the amount of the judgment?

JudyKayTee · Jun 18, 2010, 11:49 AM

I'm working on he has a Judgment against him and the father has just been served with papers - ?

(Dog looks content)

twinkiedooter · Jun 19, 2010, 10:19 AM

Originally Posted by JudyKayTee

I'm working on he has a Judgment against him and the father has just been served with papers - ?

(Dog looks content)

Dinky is dead asleep in her own little world.

zzr1200 · Jul 7, 2010, 08:40 AM

Bike was insured by one of the largest Ins Co. Ins.@ the time no claim has filed. He was hurt @ the time she was OK (a little road rash really nothing). He paid to fix the bike himself and his doctor bills where handled? Yes the Insurance was knows about accident about 9 months later after the 2 broke-up she decided to get a lawyer.And I am being told that Ins. Co turned down the claim so now the Lawyer is coming after him . I think doctor bills (check-out at the emergency room). My son's not the owner, I was told by him he was listed on the (Texas)policy as one of the drivers. The day that I was mistaken for him, I did call him and tell him he had some paper work from the a lawyer that needed his attention.As I have stated before the is 24 @ the time & lives on his own trying to be a student and works odd jobs (no full time job @ this time).I am sure Texas laws are different in some respects but her coming back 9 months later to file a claim after they split WOW.

ebaines · Jul 7, 2010, 09:00 AM

Hello zzr1200. Thanks for clarifyting a few things. But what I still don't understand is whether the papers that were incorrectly served to you had YOUR name on them, or your son's name? If they left the "Jr" off the form then you were the one served, not your son, and therefore you need to defend against it. But if the papers have your son's name was properly written (with Jr) then you personally have nothing to worry about with respect to them coming after you - your son is an adult, and even though a student he is responsible. Given that the insurance company who covered the bike says they won't help, he should contact a lawyer and see what his options are.

ScottGem · Jul 7, 2010, 09:24 AM

I suspect the insurance company denied the claim because of the 9 month period. However, that doesn't let the insurance carrier off the hook. If she is suing as the result of the accident, then the insurance carrier should supply legal assistance. That's part of the coverage.

As to your involvement, as ebaines said, the name on the papers matters.