[msvendor1]

2 years ago in the state of Alabama I was selling a car. It was not being driven so it was not insured. ( I was in the process of moving to Missouri) An individual wanted to buy it so he test drove it. He wrecked the car 15 minutes down the road. I find out after the fact he was not insured either. He assumed full responsibility for the accident as the driver. Shortly thereafter I received an information statement from the other drivers insurance asking full details. I filled it out, mailed it back and heard nothing... until last week! Now I receive via Certified mail a summons stating this other fellow and myself as defendants giving us 14 days to answer. I called him immediately, he has not received a copy of the summons and went on to say that his license had been suspended last year due to this and that he had stated himself as the responsible party in the incident in a request for a payment arrangement. He went on to tell me that no one ever responded to the payment arrangement request he had made. This accident took place on 06/29/2006 and I was served on 06/30/2008. Im not sure but this seems like a default on the plaintiffs side since the other named individual was not served and that the statute of limitations may be expired. ( the suit is for bodily injury for about 300.00 and for damages to the auto for about 5,500.00). Also, there is no form attached to answer this summons with, do I just answer in my own words and have it notarized?

[ScottGem]

First, off, from the plaintiff's point of view it doesn't matter that the driver is taking full responsibility. You were the owner of record at the time of the accident, therefore you are responsible under the law.

Yes you can answer in a letter sent certified. But I'm not sure what you can do. The fact is that you were the owner and you are responsible. Assuming the plaintiff can prove it was the other driver's fault, they will win the judgement. The best you can hope for is that the driver will pay.