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Situation where Mr. X Sr. might show up instead of Mr. X Jr.

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bbustums

Junior Member
What is the name of your state (only U.S. law)?Tx



I have a small claims case coming up next month where there is a strong possibility that the person directly involved in this case will not be present... but their father will.

It's a car accident case where the person involved is named John Doe Jr.. In my dealings with their insurance company, the person has always simply been named John Doe, not John Doe Jr.. "Jr" has never been specified. I even have a document that simply refers to the party as "John Doe".

I filed the case to be served to the address that the insurance companies have on file for the other party involved, even though I can't personally verify whether Jr. currently resides at that address or not. Bottom line is that address if the one the insurance company has on file for the party involved.

John Doe Sr. is the one who gave a reply statement to the court which I received in the mail recently. It sounds like he doesn't know anything about the accident or at least could not recall it at the time of his writing the statement. I must say that the accident did happen nearly two years prior to me filing the case and it was only a light fender bender. This case had went to arbitration and they were awarded 70% of their damages. Maybe since it was such a minor situation that he had the son or wife take care of it and can't recall it. OR maybe the son took care of it through the insurance company somehow by himself without the dad ever knowing. In either case, it sounds like the dad is clueless about the situation so I don't know what to expect. Maybe he has pieced it together at this point and will bring the son, but what if he doesn't?

Does it NOT matter that the actual party involved in an accident case is not present as long as the insurance policy holder is there? Can I win by default if Jr. is not there? Assuming I win, what is the first thing I should do to start the process of collecting before the other party even leaves the courthouse?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)?Tx



I have a small claims case coming up next month where there is a strong possibility that the person directly involved in this case will not be present... but their father will.

It's a car accident case where the person involved is named John Doe Jr.. In my dealings with their insurance company, the person has always simply been named John Doe, not John Doe Jr.. "Jr" has never been specified. I even have a document that simply refers to the party as "John Doe".

I filed the case to be served to the address that the insurance companies have on file for the other party involved, even though I can't personally verify whether Jr. currently resides at that address or not. Bottom line is that address if the one the insurance company has on file for the party involved.

John Doe Sr. is the one who gave a reply statement to the court which I received in the mail recently. It sounds like he doesn't know anything about the accident or at least could not recall it at the time of his writing the statement. I must say that the accident did happen nearly two years prior to me filing the case and it was only a light fender bender. This case had went to arbitration and they were awarded 70% of their damages. Maybe since it was such a minor situation that he had the son or wife take care of it and can't recall it. OR maybe the son took care of it through the insurance company somehow by himself without the dad ever knowing. In either case, it sounds like the dad is clueless about the situation so I don't know what to expect. Maybe he has pieced it together at this point and will bring the son, but what if he doesn't?

Does it NOT matter that the actual party involved in an accident case is not present as long as the insurance policy holder is there? Can I win by default if Jr. is not there? Assuming I win, what is the first thing I should do to start the process of collecting before the other party even leaves the courthouse?
If this incident went to arbitration, how do you believe you are going to get ANYTHING from relitigating the case in small claims?
 

tranquility

Senior Member
Why would the policy holder be responsible even if there had not been an arbitration? I suspect the OP will have some explaining to do.
 

Ohiogal

Queen Bee
Why would the policy holder be responsible even if there had not been an arbitration? I suspect the OP will have some explaining to do.
Truthfully i don't know why the policy holder would necessarily be responsible. My issue is that apparently binding arbitration was held in which the other side was awarded damages and NOW OP is suing in small claims court. Those claims should be barred by res judicata. Or maybe I am just hung over from the flu.
 

tranquility

Senior Member
I agree with you. The arbitration, if binding or agreed as resolution, would end this cause of action by claim preclusion. Filing could be malicious prosecution. As well, unless the OP has some reason for the insurance policy holder to be liable, even without the arbitration it could be a malicious prosecution.

In either case, the OP may find himself on the wrong side of a suit.
 

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