Legal Question in Insurance Law in North Carolina

Re: prayer for judgement

The question is unclear.

I assume that the insurance company which insured the other vehicle (which was struck) paid its insured under e.g. collision coverage, and that this insurer is now suing (through "subrogation") your son to recover its payment. (I doubt that they are actually suing for more than they paid. Perhaps that is some standard language, such as "seeking damages in excess of $10,000.") I further assume that your insurance lapsed as you indicated. (Your insurer is required to give you certain notice prior to terminating your policy; I assume you received this notice.) The next inquiry is whether your son had his own insurance, with e.g. a company insuring another vehicle; if so, they should be notified immediately and they should defend the suit. Assuming that your son has no insurance, then he should probably file an "answer" asap. Being a "rear end" accident, your son is almost certainly at fault, but you don't want him to go into "default" by not answering the Complaint. This is, however, a very tricky area, and your son is well-advised to retain an attorney. As for the "prayer for judgment," that makes no sense. A "prayer for judgment continued" (or PJC) applies to the criminal proceeding, not a civil proceeding (which makes me wonder whether this is a civil matter at all). But in a civil matter there is no such thing. If your son does not act, the insurance company will get a default judgment against him (and possibly you too as owner of the car), without opportunity to contest fault or damages.