cmonk said:
My brother was driving my dad's truck across country to pick up another sibling. We are from New Mexico. The truck was hit by a semi in Missouri. The semi was at fault. The problem is now the truck is stuck in MO. The trucking company's insurance is from Illinois. They are giving my father the run around on the claim. They are saying that my 70 year old father has to travel to MO to litigate the claim. The truck only had liability. Is this a total loss?
First, ignore Teflon on this one... I think she missed the LIABILITY only part of your post.
Second, since the accident happened in Missouri, that is the proper state for any claim.... and it would have to be litigated there. HOWEVER, he doesn't have to do the traveling...
Have your father 'sell' the claim to your brother... and let him travel to Missouri. After all, he is best to handle the case as he would have direct knowledge of the accident.
This 'transfer of interest' is allowed under the following Missouri statute:
507.100. 1. (1) If a party dies and the claim is not thereby extinguished, the court shall on motion order substitution of the proper parties. The motion for substitution may be made by the successors or representatives of the deceased party or by any party and, together with the notice of the hearing, shall be served on the parties as provided in section 506.100, RSMo, and upon persons not parties in the manner provided for the service of a summons.
(2) In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.
(3) If the death occurs prior to final judgment or after final judgment and before appeal and substitution or motion therefor is not made within nine months after the first published notice of letters testamentary or of administration, the action shall be dismissed as to the deceased party; if death occurs after appeal and before final determination thereof and substitution or motion therefor is not made in the appellate court where the appeal is pending within nine months after the first published notice of letters testamentary or of administration, the appeal shall be dismissed as to the deceased party.
2. If a party becomes mentally incapacitated, the court upon motion served as provided in subsection 1 may allow the action to be continued by or against his representative.
3. In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subsection 1.
http://www.moga.state.mo.us/statutes/C500-599/5070000100.HTM
