Can I have a case reopen after 8 years. I was accused of a claim by an insurance company that I was not part off.

Asked over 1 year ago - Boston, MA

An insurance company accused me of an accident saying my car has being in and I was not involved in. I was not in the accident and my car was not even in an accident at all. According to the document, a court hearing was sent to me several time (even the name was not correct) and since I did not show up, by default the court said I was found at fault. The case was taken to another state where I was asked to pay a fee with a monthly payment. I was not give a chance to fight the case. I was told it was for a payment hearing. I have being making these payments after all these years and now I want to fight this case and I believe and understand that I have the right to prove my side. Can this case be reopen. Thanks and appreciate your help and support.

Attorney answers (6)

  1. Jeffrey A. Young

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . Without seeing all of the documentation it is hard to answer your question. If you had insurance on the car at the time of the alleged collision, I would speak to your insurer. If not, then you can consult an attorney in the state where the alleged collision took place. They would be in the best position to advise you if you can now go back and fight the original judgement.

  2. Henry Lebensbaum

    Contributor Level 20

    5

    Lawyers agree

    Answered . Tough one. Need to file motion to vacate judgment


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  3. Jeffrey Ira Schwimmer

    Contributor Level 19

    6

    Lawyers agree

    Answered . In my view, you are out of luck. Even if as you say you did not know about the original action that resulted in a default judgment being taken against you, you admittedly did find out about it and in fact have been making payments but now, 8 years later, have a change of heart. Unfortunately, and as a generality, to set aside a default judgment, you have to show not only that you have a meritorious defense (as you say, that you were not involved in the claimed accident), but you also hae to convince the court that you have a justifiable excuse for not having answered both the original summons and complaint,but also the motion for default judgment you probably received. After 8 years, and you making payments, it is not likely that a court will excuse you from paying the judgment.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . It appears that you may have a tough time trying to vacate the default, but call one of the lawyers in your state who answered above to discuss.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  5. Kevin P. Landry

    Contributor Level 13

    2

    Lawyers agree

    Answered . Remember that the insurance company is not on your side. Having said that, it would be advisable to contact a Massachusetts attorney to discuss it. Our office will always take your call at 800-200-7752. It's just better to contact a personal injury attorney to know all the aspects of the case and there's no obligation, its just an exchange of information. But without knowing all aspects of the case its hard to say exactly what your recourse is. Thanks, Kevin

  6. David B Pittman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Talk to your insurance company for details and then consult a local lawyer. Good luck!1

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