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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29985
Experience:  Lawyer
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My son was working for a Pedicab business in boston ma. he

Customer Question

My son was working for a Pedicab business in boston ma. he was giving a couple a ride when he was hit from behind by a car who then fled the scene. the pedicab bike and rider were insured by the business. the insurance company paid the resulting law suit (3 years ago). just recently my son returned to his residence and there was a summons on his door step saying he was being sued and had 20 days to respond. first question doesn't the summons need to be served in person? if there wasn't any citation involved how could they sue the rider personally?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Massachusetts
JA: Has anything been filed or reported?
Customer: The accident was reported and filed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 9 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

A summons does need to be served personally or left with someone of suitable age and discretion at the residence (like a spouse or a roommate) AND mailed. A summons hung on the door is not properly served and he could move to dismiss the case on that basis alone. However, it's important that he reply now that he knows about the case, because it's difficult to get a default judgment removed when the defendant had actual knowledge of the case.

A citation is not required to sue someone for damages. Police arrive at the scene and take reports, but they're not official arbitors of what happened. A police officer's determination is not legally binding. Any injured party has a right to go to court and prove that someone owes them money. But that doesn't mean they win. Your son needs to read through his contract with the company carefully, but I can't think of any way he would be liable for getting hit from behind. He should be able to defend on the basis that he did not cause the accident.

If the contract doesn't require your son to reimburse the insurance company, the claim is too late - there's a three year statute of limitations on personal injury. And if it does, he can dispute on the grounds that the clause violates public policy. There are many reasons it's bad practice for an employer to require an employee to indemnify them from loss, and this is one of them.

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Expert:  Lucy, Esq. replied 9 months ago.

Did you have any other questions about this?