Legal Question in Personal Injury in Pennsylvania

Motion to Open Default

You will need a PA lawyer to assist you in getting the accurate answer to your problem.In GA where we practice, taxi cab companies are notorious for dodging liability claims. One trick is that they set up a seperate corporation for each cab. When that particular cab is involved in a wreck, they junk the cab and bankrupt that lone corporation. Doesn't sound fair, but it seems to work.

In GA, default may be opened as a matter of right by paying the costs within a certain period of time. I expect that in PA, if a defendant pays the costs and sets up a "providential" defense or excuse as to why the cab company did not answer, it is up to the Judge in the case concerning whether to open default. If the cab company has filed a motion to open default and you have not filed an opposition to the opening of default, the judge may open simply because you did not respond to the motion. You really need to get a lawyer in Phil, PA to assist you with pinning back the ears of the cab company that hit you.

By the way, if you have uninsured motorist coverage of your own, consider suing (of filing an administrative) claim against your own insurance company for the damages. It they pay you, then it will be their problem to get it out of the miserly cab company.

Good Luck

Accident with Philly cab

Hugh's advice about getting a lawyer in Philly is right on the mark. I'm one of them, and while I can't give you any advice about the specifics of your case because I don't know the facts, I can tell you we've had a LOT of trouble with cab companies using the separate corporations, having minimum coverage, and then the insurance companies they've used have been going into liquidation and stuff like that.

In PA, after a certain amount of time has passed, it's very difficult to open a default judgment. But you should be able to get an explanation from your own lawyer, and if you don't have one, you should. Feel free to call me if you'd like to see whether I can help you.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

Excusable neglect is supposedly nec'y in MA to remove default

According to the rules in MA, the person/company in default must come up with an excuse that is good enough for the judge to conclude that it was "excusable neglect."In practice, however, judges remove defaults as easily as soaking the old postage stamps off envelopes.In fact, they'll even remove them when there is no excuse at all.No money is needed in either situation.But do get an atty. You should oppose the motion to remove the default . . . at the very least in case there is an appeal later -- if damages are great enough to make it worth the bother. Get thee to a local lawyer quickly. Only a local lawyer will or should know how the rules are enforced or not enforced.Good luck!