Meridian, ID asked in Appeals / Appellate Law and Car Accidents for Idaho

Q: how to appeal a civil case regarding an accident case # cv14-21-09452

So my son got into an accident with his truck that I had registered in my name however I gave him explicit instructions to not operate the truck and even went as far as taking the starter fuse out so that he could not operate it. I was informed that he had got into an accident when I was served with papers stating I was being sued so I contacted my son and I verified what he told me which was he was taking care of it. He failed to mention that he did not pay the filing fee that would hold only him accountable. Unaware that I had to actually file something with the courts for I thought it was an "or" case so I did not do anything and the next thing I get in the mail was they had vacated the hearing which I was going to attend just to be sure and then filed against me only and filed default beings that I did not file an appearence with the court so I am trying to appeal it but don't know how to go about that.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: This is something an Idaho attorney should advise on, but your post remains open for three weeks. And this looks like something that requires immediate attention if you have not already tended to it. It's a little difficult to follow exactly what happened here, but if there was a default judgment of some kind for a no-show, that is serious and not something to fool around with.

It looks like the matter may have overwhelmed you in its complexity. That's not a problem so long as you seek proper legal assistance. This is too intricate a matter for someone to advise you step-by-step, in terms of your comment that you are "trying to appeal but don't know how to go about that." That's usually not a do-it-yourself project.

If you have not already done so, you should reach out to an attorney. If you had an insurance policy in effect for the vehicle at the time of the accident, your primary option would be to turn this matter over to them. Whether they defend you or defending you based on a policy violation of your son's operation of the vehicle, at least take the first step and find out if they will defend you. If not, your other option is to discuss your defense with an Idaho attorney.

In summary, this is not something to ignore (in terms of your mention of a default judgment). If you have not already done so, please consider seeking the advice of an attorney licensed to practice in Idaho. This is beyond a simple response for a Q & A forum. Good luck

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