Q: Can I serve a bank the lien holder of the car involved in accident?

A: Why would you want to? The bank most likely was not operating the motor vehicle when the accident occurred.

A: Serving the bank that holds the lien on the car is generally not sufficient for initiating a personal injury lawsuit against the driver of the car. You would likely need to serve the individual directly for the legal process to move forward.

A: That's usually not the way it works nationwide. Summons and complaints generally identify motor vehicle registrants and operators, and other possible third parties. A creditor does not usually bear liability in a motor vehicle accident. Good luck

A: Certainly. In California, if you're involved in an accident and seek to recover damages, your primary claim would be against the driver or owner of the car. The lienholder, usually a bank or finance company, has a secured interest in the vehicle but is not typically liable for damages resulting from the accident. Serving the bank directly as a party to the lawsuit is generally not appropriate unless you have a specific legal claim against the bank itself. However, if you obtain a judgment against the driver or owner and they fail to pay, you might seek to enforce the judgment against assets owned by the debtor, including the car. In such a scenario, the lienholder's interest in the car may be relevant. But initially, your legal action should be directed at the responsible party. It's always advisable to consult with an attorney to ensure appropriate steps are taken in your specific situation.