Default judgement…sued for subrogation

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Default judgement…sued for subrogation

What can we do? My husband and I wrecked our motorcycle a few years ago and we we’re unaware that our insurance had lapsed. The person behind us layed his bike over and it hit our bike when it was laying down. His insurance company sued us and we now have a default judgement against us. What do we do? Can we still fight this, as I do not believe we are at fault since he did not have control of his motorcycle? If we are unable to fight this how to we set up payments as we can’t afford to pay it all at once?

Asked on February 28, 2018 under Accident Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can file with the court a motion to set aside the default, but you will need a very good reason as to why you did not timely file an answer to the complaint (lawsuit) within the time deadline set forth in the summons.
If you succeed on the motion to set aside the default, the case will then be back on track and litigation will continue.
If you don't succeed and want to work out a payment plan, you will have to negotiate that with the other party's insurance carrier.


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